1. INTERNAL AFFAIRS
Political Summary
Political System
Constitution
Executive
Legislature
Judiciary
Political Parties
Civil Society
Historical Background
Colonialism to Revolution
Internal pressures under international sanctions
The reforms of 2000
The anti-immigrant pogroms of 2000
The reforms of 2004
Political Summary TOP
TYPE OF GOVERNMENT
Jamahiriya - 'State of the Masses'
HEAD OF STATE
Colonel Muammar Ghadaffi (Leader of the Revolution)
HEAD OF GOVERNMENT
Shukri Ghanem
RULING PARTY
No party structure
OPPOSITION
No legal political opposition
NEXT ELECTIONS
Elections not held
Political System TOP
Constitution TOP
Following a period of Italian colonialism, Libya became independent from a UK and French
administered UN protectorate on 24 December 1951 as a monarchy. A federal system of
governance under the King was ended in 1963. After the King was overthrown by his army in
1969, the country became a republic. When a new form of democracy was promulgated in
1977, the name of the country was changed to Socialist People's Libyan Arab Jamahiriya,
becoming the Great Socialist People's Libyan Arab Jamahiriya in 1986.
The constitutional concept of Jamahiriya (popular democracy expressed through the 'state of
the masses') is based upon the Third Universal Theory espoused in Ghadaffi's 'Green Book'. It
is a mixture of socialist and Islamic theories. Intended as an alternative to capitalism and
communism, it calls for a system of direct rule by the people through a series of committees.
All Libyans are expected to participate in popular congresses which theoretically control all
aspects of Libyan life. Congresses are convened on a local or vocational basis and mandate
representatives to regional congresses and to the General People's Congress. In practice, real
power rests informally with Ghadaffi and a number of collaborators from the 1969 revolution.
2. A significant role is played by the Ghadafa, Ghadaffi's family tribe, and several of his
relatives occupy key administrative positions. Official commitment to the Jamahiriya thus
obscures the reality of a dictatorship buttressed by kinship and the eradication of opposition.
Executive TOP
Muammar Ghadaffi has been head of state since 1 September 1969. In March 1979 he
relinquished nearly all his government positions and became known only by the title of
Leader of the Revolution and Supreme Commander of the Armed Forces, leaving him with
control over the administration of the defence establishment and security services. He was
appointed Supreme Leader in March 1990. As such, he plays no formal part in the congress
structure but he and his close collaborators are charged with 'agitation' in support of the
revolution. Since February 1980, this has been conducted through the Revolutionary
Committee Movement, which is a paralegal organisation that operates with almost total
impunity to "safeguard the revolution" and answers directly to Ghadaffi.
The de jure head of government, or prime minister, is the Secretary General of the General
People's Committee, comparable to a cabinet or Council of Ministers, which is established by
the General People's Congress and executes policy at national level. However, in reality
Ghadaffi is responsible for all appointments and the General People's Committee merely acts
as a rubber stamp to his decisions. More specifically, the real centre of power in Libya does
not reside in the formal government structures. There are a number of key figures within the
security apparatus and the military as well as those who are related to the Leader who possess
more power and influence than any member of the cabinet.
Legislature TOP
The General People's Congress (Mutammar al-shaab al'âmm) consists of indirectly elected
members from the local Basic People's Congresses. No political parties are allowed and
suffrage is universal and compulsory for all over the age of 18. Since 1977 the General
People's Congress has been the supreme authority, responsible for formulating policy and
passing laws in accordance with the decisions of local and regional congresses.
The country is divided into 25 municipalities, over which there is a strong tribal influence. In
November 1992, Ghadaffi strengthened his personal influence by dividing the country into
1,500 Muhallat or communes. Each of these has its own budget and some of the executive
and legislative powers which formerly belonged to the Basic People's Congress. Like the
congresses, the Muhallat are supervised by revolutionary committees whose members are
chosen by Ghadaffi.
Judiciary TOP
The judicial system is a product of Ghadaffi's 'Green Book'. Enforcement of the law is part of
the responsibility of the 1,500 Muhallat and the Revolutionary Committee Movement. There
are civil and penal courts, while separate religious courts deal with personal status of family
matters according to Islamic law. In 1996 more severe punishments were introduced including
the death penalty for crimes such as illegal foreign currency dealing, selling alcohol, or
speculating in food, clothing or housing.
Aside from the normal court system, a parallel People's Court system was also set up to try
political offences and crimes against the state, being established under Law no. 5 of 1988.
These courts had their own prosecution service that had extensive powers and were heavily
influenced by political considerations. Amnesty International called for the abolition of these
3. courts because they failed to comply with minimum international standards for fair trial.
Under this system, defendants could not choose their own lawyers as these were usually
appointed by the court and hearings generally took place in closed sessions. Furthermore, the
People's Court system was not accountable to any higher judicial body.
The future of the People's Courts was called into question in April 2004 when Ghadaffi
announced in a speech to the Supreme Council of Judicial Bodies that they should be
abolished and their jurisdiction should be transferred to ordinary criminal courts. The Libyan
leader also called for other legal reforms and for a more stringent application of Libyan law.
In January 2005, the People's Courts were formally abolished under Law no.7 of 2005, but in
typical Libyan style the former head of the People's Courts, Hasni el-Waheshi el-Sadeq was
appointed to run the newly created Secretariat for Legal Affairs and Human Rights. El-Sadeq
is an established Revolutionary Committees man who is unlikely to favour genuine reform in
the field of human rights.
In October 2004, Ghadaffi gave a speech to the judiciary committee in which he made it
apparent that despite his personal convictions, the death penalty would not be abolished. He
also announced that he had submitted the long awaited new draft penal code to the People's
Congresses, but he urged them to take their time and not to rush in making it legislation. In
December 2005 there was still no indication that this new penal code is any closer to being
enshrined into law.
Political Parties TOP
There are no political parties permitted in Ghadaffi's 'state of the masses' and thus no ruling
political organisation. Opposition political organisation has been ruthlessly suppressed since
the revolution and membership of any outlawed party is punishable by death.
Many opposition groups have been formed abroad, although these are riven by internal
divisions and in-fighting. The main groups include:
National Front for the Salvation of Libya: based in New York, also with offices in London,
Zurich and Cairo, this organisation has been funded by Saudi Arabia and by Libyan exiles in
the US;
The Libyan Islamic Group: el-Gamaa el-Islamiya was established in 1979 and is the Libyan
branch of the international Muslim Brotherhood. It is based mainly in the UK;
American-Libyan Freedom Alliance (ALFA), based in the US;
Libyan National Group, established: 1976;
Libyan Democratic National Movement, est: 1979;
Libyan Democratic National Group, est: 1981;
Libyan National Movement, est: 1980;
Libyan Islamic Movement, est: 1980;
Democratic National Libyan Front, est: 1980;
National Front for The Salvation of Libya, est: 1981;
Libyan National Salvation Army, est: 1981;
Libyan National Struggle Movement, est: 1985;
Libyan National Salvation Army Organisation, est: 1988;
Libyan Movement for Change and Reform, est: 1994;
Organisation for Free Libya;
Libyan Authority for National Salvation, est: 1986;
Libyan Volcano Group, est: 1984;
4. Libyan Constitutional Union, est: 1981;
Freedom Party, re-established 1980;
National Libyan Front, est: 1980;
Libyan People's Struggle Movement;
Libyan Democratic Party;
Nation's Party;
Libyan National Union, est: 1983;
Libyan Democratic Conference, est: 1992;
Libyan Democratic Authority, est: 1993;
Fighting Islamic Group, est: 1991;
Libyan Baathist Party;
Libyan Conservatives Party, est: May 1996.
Civil Society TOP
Within Ghadaffi's 'state of the masses' there is no understanding of civil society as such and it
is impossible to set up any sort of organisation that is not sanctioned by the State. Anyone
daring to do so is at risk of severe mistreatment.
Libya's various tribes have significant impact on the political scene, being the only structure
that the state has not been able to co-opt fully, and these remain influential at local levels.
Former political figures and intellectuals who might have formed a focus of opposition were
forced into exile by the 'cultural revolution' of 1973. The private business sector, another
potential focus of dissent, was destroyed in 1978 when all economic activity was collectivised
and private wealth was restricted. Although a limited amount of private sector activity is now
being encouraged as part of the new openness to the West, this is dominated by members of
the regime or the Revolutionary Committees movement or those linked to the existing power
structure.
As part of presenting a new image to the international community, the regime has begun to
develop an official façade of a 'civil society'. This effort has been spearheaded by Ghadaffi's
son Saif el-Islam and his Ghadaffi International Charitable Foundation, which acts as an
umbrella organisation for a number of associations and groups, such as the Libyan Human
Rights Society and the Fighting Drug Addiction Society. The charity has been behind the
recent initiative to start a dialogue with the 88 members of the banned Muslim Brotherhood
who were arrested in 1998 and convicted of belonging to an outlawed organisation. In May
2005 the charity indicated that following on from this dialogue, the prisoners were to be
released. However, the release was delayed at the last moment and no official reason given.
Likewise, Ghadaffi's daughter Aisha runs the Watasiumi Charity which also claims to be an
independent civil society organisation. There are a number of what purport to be independent
groups and organisations, but in reality these are all connected in some way to the state
machinery.
Historical Background TOP
Date Event
1911 Libyan occupation of Ottoman Tripolitania.
1934 Unification of Tripolitania, Cyrenaica and
Fezzan as Italian Libya.
1942 Italians defeated by allies in Libya.
1946 Allied occupation of Libya (UK and France)
5. formalised under UN mandate.
1951 Reunification of Tripolitania, Cyrenaica and
Fezzan and independence from UN
protectorate (December).
1962 Libya joined OPEC (June).
1963 The 'Kingdom of Libya' created.
1969 Coup brought Colonel Ghadaffi to power.
1975 Coup failure led to 'popular democracy'.
1977 General People's Congress formed.
1981 US authorities banned Libyan crude oil
imports.
1982 German firms pulled out of rocket programme.
1985 US bombed Tripoli and Benghazi.
Arab-African Union with Morocco failed.
1988 CIA accused Libya of making chemical
weapons.
1992 UN sanctions applied against Libya (April).
1993 Army rebellion in Misrata and Bani Walid
(October).
1995 Clashes with Islamists in Benghazi, Sebha and
other towns.
Alleged assassination attempt against Ghadaffi
in Sirte (September).
Expulsion of Arab expatriate workers.
1996 Islamist-led anti-Ghadaffi rebellion reported in
Benghazi (March).
Major counter-insurgency operations launched
(July).
1997 Military counter-insurgency offensive
launched in Jabal el-Akhdar mountains (April-
May).
1998 Assassination attempt on Ghadaffi motorcade
near Dernah reported (June).
Low in global oil prices badly damaged the
sanctions-hit Libyan economy.
1999 Ghadaffi agreed to hand over two Libyan
suspects in Lockerbie bombing for trial in the
Netherlands, under Scottish law (March).
UN sanctions suspended (April).
2000 Major restructuring of the government
announced (March).
Outbreak of violence against immigrants from
neighbouring states erupts (September).
2001 Liberal economist Shukri Ghanem recalled
from OPEC and appointed Minister of
Economics and Trade (December).
2002 Clashes reported between Sufi and Salafi
Muslims in El-Zawiyah, western Libya (July).
6. 2003 Shukri Ghanem appointed as new Secretary of
the GPC in a sign that Ghadaffi favoured
greater liberalisation of the economy (June)
UN repealed sanctions (September).
Libya formally admitted and agreed to
abandon its weapons of mass destruction
programme (December).
2004 Major cabinet reshuffle brought in a number
of hardliners, frustrating Shukri Ghanem's
plans for economic reform (March).
Amnesty International was allowed to visit
Libya to make its first direct assessment of
human rights since the 1980s. Ghadaffi urged
greater respect for human rights and the
abolition of the criticised People's Exceptional
Court (March-April).
Ghadaffi reasserted Libya's commitment to
uphold the death penalty (October).
2005 The People's Court system was officially
abolished (January).
Ghadaffi announced that 100,000-200,000
Libyans are to be drafted into the security
services to counter the threat of terrorism.
(March)
Saif al-Islam calls for a new phase of 'national
reconciliation', but Libyans and the opposition
abroad remain sceptical (August).
Colonialism to Revolution TOP
Italy only achieved full colonial control over Libya in 1932, long held at bay by the resistance
of the Sanusi Sufi order and fierce opposition from nomadic tribesmen led by Umar el-
Mukhtar. Eventually, however, some 100,000 Italians were settled in the fertile regions of
Jebel el-Akhdar and the Jaffara plain, in order to further the fascist dream of a new Roman
Empire in North Africa. Mussolini excavated Roman cities, restored irrigation systems and
built a triumphal edifice between Tripoli and Benghazi. The grandiose ambitions of Italian
fascism nevertheless collapsed with defeat in the Second World War and the British took
control of Cyrenaica and Tripolitania in 1942. A French military administration was installed
in the Fezzan, with both coming under UN trusteeship from 1946.
Independence was achieved with the confederation of the three trust territories in December
1951 as the United Libyan Kingdom under Sayyid Muhammad Idris es-Sanusi. The royalist
period of rule was a time of rapid change, chiefly because oil exports, which began in 1961,
transformed the country from one of the world's poorest states into a state of considerable
wealth. King Idris abolished the federal structure in 1963, establishing a centralised Libyan
state. In the same year, Libya joined OPEC and by 1964 oil exports exceeded 800,000 barrels
per day.
Increased wealth brought social dislocation, corruption and growing dissatisfaction among an
educated elite who shared the pro-Western stance of King Idris. Popular discontent was
heightened in 1967 when the government declined to make a strong stand over the Arab-
7. Israeli war and on 1 September 1969 the King was deposed while on a visit to Athens.
Political power was seized by a group of young officers whose principal leader, Colonel
Muammar Ghadaffi, terminated Libya's Western alliances. Shortly afterwards, the oil
companies were nationalised and the new regime forced substantial increases in oil prices.
Between 1961 and 1971 the price of Libyan oil rose gradually from USD2.23 to USD2.71 a
barrel. In the following decade, Ghadaffi forced the price up to USD41.00 while
simultaneously increasing production. Libyan revenues from oil rocketed from USD1.17
billion in 1969 to USD22 billion in 1980.
Internal pressures under international sanctions TOP
In April 1992 the UN imposed economic sanctions on Libya. This was done in response to
Tripoli's refusal to hand over the two suspects linked to the bombing of the December 1988
Pan Am flight 103 for trial in either the US or Scotland, and for not co-operating with
France's inquiry into the bombing of a UTA flight over Niger in 1989. These sanctions were
not suspended, in large part, until April 1999, after Libya agreed to surrender the two suspects
indicted for the 1988 bombing to trial under Scottish law in a special court in the Netherlands.
They were not fully repealed until September 2003.
Several attempts to assassinate Ghadaffi were made during the sanctions period, when the
coinciding collapses in international oil prices and foreign investment in Libyan production
badly damaged the country's revenues. The most serious attempt to topple Ghadaffi involved
a failed coup by army officers in Bani Walid made in October 1993. The army crushed the
rebels with the help of air support but they are known to have had widespread support in a
region where Ghadaffi's own tribe, the Ghadhafa, has strong links. The event was seen as a
clear warning to the regime that it could no longer count on the tribal support it had enjoyed -
or bought - in the past. Reports emerged of some tribal-related clashes in 1995, and tighter
security became evident following clashes in Benghazi between Islamic militants and police
in the summer. At least 30 people were reported killed and hundreds more arrested across the
country in September of that year.
In early June 1998, opposition groups claimed that several of Ghadaffi's bodyguards were
killed or wounded and that the Libyan leader suffered a slight arm wound in an attack by
suspected Muslim militants on the coastal highway in the eastern Dernah region while
Ghadaffi was travelling to Egypt for an official visit. Ghadaffi personally denied there was an
assassination attempt and visitors who saw him soon after the reported 2 June attack said he
showed no sign of any injuries. By the end of 1998 the Islamist insurgent threat appeared to
have been contained, although sporadic clashes were still occurring.
The reforms of 2000 TOP
On 1 March 2000, the General People's Congress (GPC), Libya's major legislative and
executive body, approved extensive reforms of governmental organisation. The sweeping
programme of restructuring entailed the dissolution of 12 ministries and the transfer of most
of their powers to provincial committees or other bodies. The departments closed included the
energy ministry, although the national oil industry remained under central supervision. Only
the ministries of foreign affairs, finance, information, justice and tourism continued to operate
under central control. Ghadaffi suggested that even these ministries might also be abolished at
a later date. The defence ministry had already been abolished in 1991. While the General
People's Committee (cabinet) was much reduced, a new Ministry of African Unity was
established to promote Libyan regional influence, although this was later folded back into the
Foreign Affairs Ministry.
8. Ghadaffi described the reforms as creating "a new country, a new situation and a new
administration" not seen before in the world. He claimed that the new structure was "a system
of the masses" with power delegated to communes and the people's provincial councils. After
dismissing most of his ministers Ghadaffi sprang another surprise by urging the GPC to
appoint a formal head of state. Under the unique Jamahiriya ('state of the masses') political
system devised by Ghadaffi in 1977, Libya has operated without a formal head of state or
president. However, this announcement did not result in any concrete changes and Ghadaffi
remained firmly in de facto command regardless of his opaque constitutional authority.
In addition to the restructuring of government, both the premier and foreign minister were
dismissed. The new prime minister or secretary general of the General People's Committee
was the former housing and public works minister Mubarak el-Shamikh. He replaced
Muhammad Ahmad el-Mangoush, who had occupied the post since 1998. Abd el-Rahman
Shalqam, formerly head of the department of foreign affairs in the GPC, was named as
foreign minister. He replaced Omar el-Muntasser, who had been in the post for more than 10
years.
The anti-immigrant pogroms of 2000 TOP
Despite these governmental reforms, evidence of growing internal unrest was provided in late
September 2000 when violent disturbances affected a number of Libyan coastal towns. More
than 100 migrants from various countries in sub-Saharan Africa were reportedly killed in
clashes with Libyan citizens. Immigrants from neighbouring Arab and African countries have
been lured to oil and gas-rich Libya in search of work. However, the unrestricted and massive
influx of migrant workers, estimated at around one million, has heightened social and
economic tensions, especially during the late sanctions period.
Those targeted by the violence included black Africans from Chad, Ghana, Niger, Nigeria and
Sudan. An apparently trivial dispute sparked one of the most serious reported confrontations
involving Chadians and Sudanese in the town of Zawiyah west of Tripoli. A number of
clashes were reported in Tripoli, where disturbances of any kind are rare. Following the
violence, security was tightened and some African immigrants were moved to military camps,
ostensibly for their own protection.
Libyan officials sought to play down the scale of the confrontations but it is clear that they
were extremely serious. The GPC agreed that "immigrant workers whether legal or illegal,
should not be subjected to any attack or indignant treatment." It instituted new security
measures across the country to limit the employment of African migrants to public institutions
and to regulate their entry and exit at border posts. Ghadaffi described the pogroms as a
foreign instigated plot to defeat his grand scheme for an African Union, coming at a point
where he was orienting Libyan diplomacy at courting African states in support of this vision
and the repeal of international sanctions.
Despite having played down the unpopularity of Ghadaffi's open door policy to immigrants
from sub-Saharan Africa, the regime finally admitted in 2004 that it had a problem with
uncontrolled migration. In August 2004, Foreign Minister Shalgam complained that Libya
was being 'invaded' by migrants and admitted that some parts of Tripoli were now out of the
regime's control. The authorities tried to tackle the problem mainly by rounding up illegal
immigrants and deporting them en masse. However, in 2004 Libya entered into a series of
bilateral agreements with Italy in order for the Italians to assist it with border patrol.
In May 2005 the government began clamping down on illegal foreign workers. The
9. authorities started carrying out spot checks on businesses and those found to be employing
foreigners without the necessary regulations and visas were liable to a fine or to a prison term.
While this created considerable confusion, most considered the measure to be a temporary
one.
The reforms of 2004 TOP
Ever keen to maintain a sense of orchestrated chaos, Ghadaffi altered the structure of his
government once again in March 2004, nine months after appointing the Western educated
economist Shukri Ghanem to replace Mubarak Abdallah el-Shamikh as General Secretary of
the GPC. He re-established the Energy Ministry and set up a Ministry for Culture and Media
and another for Youth and Sports. The Colonel also separated the Justice and Public Security
portfolios, creating two separate ministries, reportedly at the behest of his son, Saif el-Islam,
and allegedly to make way for some reforms within the justice sector. However, these reforms
did not materialise in 2004.
Ghadaffi was clearly concerned about the potential for alternative power bases to flourish in
the new uncertain atmosphere and simultaneously reinforced his internal security apparatus.
At the same time he continued to take an uncompromising stance against the Islamist
opposition, with regular round ups and arrests of those suspected of sympathising with banned
opposition groups. The regime had already taken advantage of the aftermath of the events of
11 September 2001 in trying to convince the US and EU that Libya had an international
terrorism problem as a means of breaking its international isolation.