Archive for the ‘The Arab Revolt, Islam, Iraq War, War on Terror’ Category

The Next Dangerous Move in Libya

Wednesday, March 9th, 2016

(originally published in thedailybeast.com on February 22 2016: http://www.thedailybeast.com/articles/2016/02/22/the-next-dangerous-move-in-libya.html)

Ann Marlowe

Chaos 02.22.16 12:01 AM ET
The Next Dangerous Move in Libya

The Islamic State is growing in Libya. But to fight it, the Libyan state has to be resurrected. Critical moves are expected in the next few days and weeks.

Almost every day brings a different European leader calling for military intervention to save Libya from the so-called Islamic State—but only once there is a single government in Libya with legitimate claims to control the entire country; one government, that is, to “invite” those foreign troops. And while the Europeans wait, the White House steps back even further, as The Daily Beast reported Thursday, telling the Pentagon to put its plans for a major intervention on hold.

Hence the urgency behind efforts to seat the painstakingly brokered “Government of National Accord” in Tripoli as soon as possible. But politically and militarily, that’s no simple matter, and the question of foreign intervention, seen from the ground in Libya, is even more problematic. The Italians who occupied Italy from 1911 to ’43 are believed to have killed or imprisoned a third of the population by 1934, when they declared the country “pacified.”

Today, the killing goes on, with supposedly surgical airstrikes by American forces. On Friday, American planes hit the coastal town of Sabratha, reportedly targeting a specific ISIS cell and, in the process, killing some 43 people. Yet there are no plans to move against the ISIS stronghold in the city of Sirte, because, once again, there is no fixed regime with which to coordinate such actions.

Who can trigger the chain of events that just might bring a unified government, foreign stabilization assistance, an end to ISIS and the many, many other things that need doing to resurrect this country?

One important player is Colonel Idris Madi of the Libyan National Army, the commander of the Tripoli manteqah or region, responsible for seating the new national accord government in the old national capital, even though, at the moment, the city is still under the tenuous control of dozens of extremist militia collectively known as Fajr Libya or Libya Dawn.

Like the rest of the national army, the colonel is under the command of the Ministry of Defense in Bayda, in eastern Libya, and this in turn is under the internationally recognized House of Representatives in Tobruk, which governs most of eastern Libya, some of southern Libya, and Zintan, a mountain town that is effectively an island separated from the coast by Libya Dawn territory. Zintan is just a two-hour drive away from the capital, but since August 2014 it’s been cut off by road.

Madi, with silver hair and mustache, glasses, and wearing a uniform with his colonel’s insignia, looks very different from the thuggish Tripoli militia leaders in their rumpled mercenary chic. He is very close to General Khalifa Haftar, the principle commander of the national army, and he holds the first rank in the Western region. Madi was with Libyan strongman Muammar Gaddafi until the dictator’s fall at the hands of the European-backed revolution in 2011.

As a Zintani, Madi has a big dog in the fight for Tripoli. The militias that had held the Tripoli airport until August 2014 were from Zintan, and there is no worse blood in Libya than between Zintanis and the Tripoli and Misrata militias that defeated them, destroying the airport in the process.

But Madi commands regular army troops, not militias, and was at pains to emphasize that militias cannot be involved in the process of seating the national accord government, or, “We will be back to square one.”
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We spoke over Skype five years to the day after the Libyan revolution began in Benghazi—a very different time, when hopes were high and a manic idealism pervasive. But in recent times, after a year and a half of slow-boil civil war and economic collapse, Libya’s mood is decidedly grim.

Libya’s two contesting power centers, the one in Tobruk and the General National Congress in Tripoli, which is under the control of the Islamist “Libya Dawn” militias, are now under pressure from the international community to accept the Government of National Accord so that the country can face ISIS with a united front.

So, if all those ducks can be lined up, and the Libyan National Army has the backing of the Government of National Accord, what will it take to defeat the so-called Islamic State in their midst? Can the job be done without a lot of international help?

“Most Libyans don’t accept ISIS”, the colonel said. “But ISIS was a part of the Fajr government or collaborating with them.” The regular Libyan army “is able to defeat ISIS, not through airstrikes but on the ground,” he said.

“We just need international help for monitoring,” Madi continued, meaning intelligence on the wherabouts of militias and combatants. “We cannot talk about specific numbers. We need support of the international community. We need information—monitoring of borders and the movement of fighters inside the country. ”

The new Government of National Accord is a motley undistinguished group that few Libyans have greeted with enthusiasm, but most probably regard it as better than continued chaos. It was propped up by the United Nations on Dec. 17, 2015. The ministers-designate have spent the last two months in Tunisia and then Morocco trying to name a cabinet that will get the backing of the hitherto legitimate government in Tobruk, the legislature known as the House of Representatives or HoR. (Everything has an acronym in Libya.)
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On Tuesday the 23rd, the HoR is to vote on the latest iteration, a group of merely 18 ministers, down from 30-something, that has to please all the city-states and tribal groupings in the East. This is in itself a tall order, and it’s rumored that some of the names are so controversial that the vote will be name by name rather than for the whole slate.

Meanwhile, it was announced that the GNA has asked for international protection even to go to Tobruk for the vote, given the still very fragile security in the eastern stronghold of the legitimate government. Madi said nothing of this embarrassment, nor would he corroborate rumors that U.S. special operations forces already are in Western Libya cooperating with the national army.

“We don’t have any dealings with any U.S. forces,” he said, “but we will in the future.”

Assuming the HoR approves the new government, the real hurdle is seating it in Tripoli, controlled by the Islamist militias that seized the capital in August 2014. Madi seemed confident as he spoke (in Arabic, using a U.S.-educated translator).

“Two weeks after the House of Representatives approves the cabinet, we can bring them to Tripoli,” he said. “The commanders have lists of the soldiers and we are communicating daily.We will have about 6,000 soldiers and 2,500 policeman. The Libyan National Army has 10 regions. Each has to give 500 soldiers to this operation. In western Libya, there are 500 soldiers from the coast, 500 from the mountains and 200 inside Tripoli. “

The LNA’s plans for Tripoli revolve around the thousands of soldiers who are believed to be still loyal to the LNA but have to keep their allegiances secret because they live in Fajr-controlled towns. (A Libyan friend in that situation introduced me to Col. Madi online.) If you were rash enough to support the Tobruk government, you’d likely get your house burned down for your pains, and that’s the only asset most Libyans possess.

As these numbers suggest, everything military in Libya, a nation of roughly 6 million people, happens on a Lilliputian scale by American standards. Many former combatants estimate that fewer than 10,000 Libyans actually fought in the revolution against Gaddafi and that may be generous.

The problem is that tens of thousands of unemployed young men have joined the government-funded militias that have sprung up since then. One teenager I know has his own truck-mounted KPV 14.5mm heavy machine gun. Luckily he’s a good kid. Spending on these militias and their weapons has crowded out just about everything else, to the extent that Libyan hospitals now lack basic supplies. The country has committed suicide by militia.

Where will these well-paid, well-armed, mainly youthful Islamist militias that currently run rampant in Tripoli go if they are ousted?

Madi says “they must go to the borders.” Libya’s frontiers have been largely unpoliced for years now, allowing not only the headline-grabbing trafficking in subSaharan Africans en route to Europe, but the smuggling of drugs, alcohol, weapons and terrorists. The problem is that no one in Libya is very keen on being posted to a desolate desert border crossing. The militia members in Tripoli will almost surely say, “Why should I leave to go to the borders? Why can’t the LNA go there?”

And perhaps more importantly, what will make the militia commanders—who have been looting the national wealth for years—leave the big money institutions of Libya in Tripoli like the National Oil Company and Central Bank to the new government? What will make strongman Nuri Abu Sahmein, the president of the current regime in Tripoli, leave?

Here Col. Idris Madi allowed himself a small smile.

“This is a battle,” he said. “A three-part battle. Part is about dialogue, part is about new choices, and part is fighting. I think he will go peacefully. The Libyan people do not accept political Islam.”

He’s right, if election results are any guide. But Libya’s Islamists have not respected electoral results. How about Abdulhakim Belhaj, the ex-Libyan Islamic Fighting Group fighter whose political party failed to secure even one seat in the 2014 parliamentary elections, but whose fighters were among those who seized Tripoli in August 2014? Is there a role for him in the future?

“His reputation is very bad,” said Madi. “If it was good, he would have been elected. “

I asked about demands that Belhaj, Abu Sahmein and others be tried for war crimes in the Hague, or in Libya.

Madi said Libyans, “Don’t want to go for accountability at this stage. We need to get the country stable.” He went on to say, “It was a big mistake to disband the Libyan National Army similar to what happened in Iraq. This was because the Muslim Brotherhood wanted to build an army of its own.”

Like most Libyans, even military professionals, Madi emphasizes dialogue. Libyans settle most matters by talking, even in war. One commander I know was on his mobile phone to his opposite number during a “small war” between the Amazigh town of Zwara and its Arab neighbors in the spring of 2012.

Will there be a battle for Tripoli?

“No, I don’t think so. Except small fights in certain areas. There is another threat, which is ISIS.”

But it’s a barely concealed secret that many of the Islamists are willing to tolerate ISIS when it suits them. The colonel is quick to say, “The Fajr government is very weak and has other agendas. The Fajr Libya government includes ISIS, especially in Sabratha. Sometimes they fight ISIS, when it affects their interest, and other times they include ISIS or the LIFG or Ansar al Shariah. “

I asked Col. Madi about a basic logistical issue: the road between Tripoli and Tunisia has been blocked for months by fighting between rival Fajr militias. The condition has come to seem so permanent that an air taxi service now brings people from the furthest west town, Zwara, to Tripoli, and ancient Fajr helicopters ferry people back and forth to Sabratha, just east of Zwara and the reputed home to a sizeable ISIS contingent.

Madi seemed to think that the rival militias would stop fighting in the face of the LNA, and—again—that the real fight would be with ISIS.

The colonel denied that any Zintan militias will be allowed to operate as such in the effort to seat the GNA in Tripoli. But another Zintan source said that he has no doubt that some of the Zintan militia will participate in any operation in Tripoli, and that while Col. Madi has the highest formal military rank in the LNA in the West, he is not the strongest anti-Fajr commander in the West.

That title belongs to Osama Al Juwaili, leader of the military council of Zintan, a former defense minister of Libya circa 2012, who has connections with Misrata’s powerful Halbous and al Mahjoub brigades, currently occupying Tripoli. Supposedly Juwaili supports the Government of National Accord.

Another Zintan heavyweight is Emad Trabelsi, commander of the As-Sawaiq brigade of Zintan, which has between 300 and 1200 men. As-Sawaiq is rumored to be among the Zintan militias that will enter Tripoli. Some of the Misrata brigades in Tripoli have forged agreements with the Zintan brigades to allow a peaceful entry into Tripoli since the Misrata-Tripoli Islamist alliance has itself fractured, like everything else.

I asked Colonel Madi’s translator, another native Zintani, if there were big celebrations for the anniversary of the February 17 Revolution. (The first demonstrations began with a timid lawyers’ protest in Benghazi on Feb. 15, 2011, and picked up steam nationwide from there.) But this being Libya, it turned out that Zintan had celebrated the anniversary of the revolution on February 16, when the rebellion was said to have begun there.

This is an excellent example of both the beauty and the tragedy of Libya.

It’s a country of free, proud and by-and-large reasonably well-governed city states, where individuals also consider themselves free and equal, paying no deference to birth, rank, or position. (Wealth is another matter). Yet these city states cannot agree on when to celebrate their revolution, much less on a national government, and somehow all this theoretical freedom results in chaos, which doesn’t allow anyone real freedom, like the freedom to drive the coast road from Tripoli to Tunisia, or from Zintan to Tripoli, without dire consequences, or the freedom to not be kidnapped, or assassinated.

Zintan is a stark, bordering-on-grim place, though it has its own beauty, and while the Zintanis criticize the Tripoli militias for embracing political Islam or worse, the town is extremely. Women do not drive there, and indeed are almost never seen in the streets. The translator ended our talk by remarking wistfully that since he left his graduate program in electrical engineering in the U.S., his life has stagnated.

“I can’t even go to Tripoli. I’ve been stuck in Zintan for two years. When you mentioned going to the gym, I remembered so much about the United States. There is nothing to do here.”

It’s a common sentiment. Libya is not Afghanistan; it’s a wealthy oil state on the Mediterranean. Most Libyans have some experience of the world outside, and want to be part of it. The first step back to being a normal country would be the seating of the GNA in Tripoli. But at the moment, no one can predict when that day will come.

Playing to Our Strengths (the USS Georgia)

Wednesday, December 16th, 2015

originally published in The Weekly Standard, 12/21/2015 http://www.weeklystandard.com/playing-to-our-strengths/article/2000181
MAGAZINE: From the December 21 Issue
Playing to Our Strengths
A visit to an Ohio-class submarine redesigned for counterterrorism

Dec 21, 2015 | By Ann Marlowe

Key West

It’s one thing to read debates about Navy budget decisions and the aging of our submarine fleet, and quite another to visit one of our 71 submarines and see what the fuss is about. This November, I spent 24 hours on the USS Georgia—one of four Ohio-class subs redesigned in 2004 for counterterrorism, with Tomahawk cruise missiles replacing nuclear warheads and some missile silos retrofitted as lockout chambers to allow Navy SEALs to exit in combat zones. I came away with a profound respect for the submarine culture.

Many of my expectations were wrong. Happily, I didn’t feel claustrophobic for a minute. In fact, being on the 560-foot-long Georgia was blissful compared with getting on, which involved a rough trip of about an hour off Key West on a “rigid inflatable boat” out to the surfaced sub, then a short scramble up a well-worn rope-and-wood ladder. Topside, you’ve got 18,750 metric tons beneath you, and it feels very stable indeed.

Public affairs officer Lieutenant Lily Hinz (who accompanied me on my visit) and I descended from topside through a hatchway about 20 feet down a narrow fixed metal ladder in what’s called the port lockout chamber (another former missile silo). We were led to our bunkroom: very compact, but not much tighter than a sleeping compartment on a train. Down the hall was the “head” with two stalls and a shower; a sign on the door could be shifted from “Male” to “Female.” The ceilings hold a jungle of wires, cables, and pipes, but the Georgia’s faux wood paneling and speckled tan linoleum tiles reflect its 1979 vintage.

Then we climbed up a longer internal ladder to the cockpit, where the officer of the deck leads the ship when on the surface. This is part of the bridge—the area that includes the Ohio-class sub’s two periscopes, one visual and one digital. Captain David Adams and Lt. J.G. Jake Christianson were standing on the top, on what’s called the sail, tethered to the periscope tower. A junior officer, Ensign Laura Wainikainen, was getting certified for a “man overboard” recovery. Ensign Wainikainen would be directing the crew in the control room below to stop the submarine and reverse course to enable recovery of the “man” (a foil-covered box). This was accomplished in about 15 minutes in rough seas.

I was able to visit the Georgia because she was certifying for combat readiness, and boats were going out to her almost daily, bringing SEALs and others involved in training. I saw some drills that did look claustrophobic: A group of SEAL divers spent hours in a lockout chamber and then entered a tiny sub, called a SEAL delivery vehicle (SDV), that was playing damaged. The SDV holds six divers, submerged in water, breathing from air tanks. Again, the crew had to turn the Georgia abruptly to find and lasso the SDV.

Ohio-class subs are facing mass retirement now, just as military budgets are under pressure. Their estimated useful life has been extended 10 years, to 40 years, because the Navy’s ship-building budget is $17 billion a year, and building one Ohio-class sub is estimated to cost $7 billion.

This sounds ridiculous, until you see what a complex, profoundly unnatural ecosystem such a sub is. To put the cost in perspective, the $25 billion the United States spent training and equipping Iraqi troops who ran away from the fight would have bought three new Ohio-class submarines. The argument can be made that putting more of our military budget into technology and less into training dubious foreign fighters is a vote not only for American industrial might and innovation but for American military culture. In fact, the Navy is arguing for a special budget just for the Ohio-class replacements.
The USS Georgia arrives at Souda Bay on the Greek island of Crete. (Credit: U.S. Navy / Mass Communication Specialist 3rd Class John Martinez)

Adams points out that the more reluctant the United States is to commit boots on the ground, the more sense it makes to rely on precision-guided missiles and on special forces delivered from stealthy platforms like the retrofitted Ohio-class subs. The Georgia’s sister ship, the Florida, fired more than 100 Tomahawks on March 19, 2011, at the start of Operation Odyssey Dawn in Libya. These took down some of Qaddafi’s air defenses.

“Our advantage is massive underseas,” Adams says. “We can take on anyone, though China has a lot of good subs and is gaining. Why not play to our strengths?”

The Georgia will be deploying in the general direction of the Middle East this spring, relieving the Ohio-class USS Florida, with which she rotates deployments, and she could well be used to support U.S. operations against the Islamic State.

Besides us, only the United Kingdom, France, Russia, China, and India have nuclear-powered submarines. Our new nuclear submarines don’t have to refuel during their estimated life of 30 years; conventional diesel-and-battery-powered submarines must keep returning to the surface for oxygen, limiting their ability to stay at depths where they can lurk undetected.

Submarines are zero-tolerance-for-error workspaces. As Adams put it, “The people are the platform. One man can kill all of us here by making a mistake.” (The United States hasn’t lost a submarine since 1968, when the USS Scorpion suddenly disappeared in the Atlantic under circumstances that remain unclear.)

So it makes sense that submariners are a tiny elite, just 6 percent of the Navy, 20,500 people in all including 2,500 officers. You have to be in the top half of your Annapolis class to apply for billets on submarines or nuclear surface ships, that is, aircraft carriers. You also must be interviewed in person by the top sub officer, a four-star admiral. There’s no other service where this is the case.

After commissioning, whether through Annapolis, ROTC, or Officer Candidate School, all officers go through six months of Naval Nuclear Power School and Naval Nuclear Prototype School to learn to run the nuclear reactors, then a three-month Submarine Officer Basic Course in Groton, Connecticut, to learn to drive the ship. So they have 15 months of graduate school before they even deploy on a sub.

Ohio-class subs have two separate 160-person crews, “blue” and “gold,” which spell each other so that the sub can spend as much time as possible deployed. The crew I met, the blue crew, will leave the Georgia in early December and return to Kings Bay, Georgia—the home port of the Georgia and Florida—for training, while the gold crew takes the sub to its next deployment, usually about six months. After that, the blue crew will take over again. Since the Florida can’t come home until the Georgia relieves it, pressure was on the Georgia blue crew to certify as combat-ready as soon as possible.

Unlike the Army’s brigade combat teams, where enlisted personnel, NCOs, and officers deploy as a unit, submarine officers rotate on and off (in groups) every six months or so, while the enlisted sailors and chief petty officers (“chiefs”) may remain attached to the same submarine for five or six years. Sub officers serve three years on a submarine, then two to three years off, then three years on. This puts a premium on a unified culture throughout the submarine service, so that everyone can quickly find his or her place—and it attracts the kind of people who have no sharp edges.

Every submariner I interviewed on the Georgia said that the main reason he or she applied for the submarine service was the caliber of people.

Lieutenant Emma McCarthy, a 2011 Naval Academy grad and the Georgia’s strike officer, has been on the Georgia for three years.

“[Submariners] held themselves to a very high standard,” she said. “For me it was either Marine Corps or submarines, and in 2010 the first group of women were authorized to be on submarines. I had an engineering degree, which helps.” She’d only spent one day on a submarine when she made her career choice, but it turned out to be a good fit: McCarthy has won one of four scholarships for graduate study awarded to submarine officers annually and plans to use it to get an MBA.

As McCarthy took me around, I realized that life aboard is relentlessly disciplined and focused. Copies of Travel + Leisure and Popular Mechanics in the head and two enlisted sailors watching a boxing video for a few minutes in the evening were about it for amusement. I got glimpses of the bunkrooms of the female officers, and they were almost devoid of personal decorative touches, unlike the Army officer tents I’d seen in Afghanistan.

The Georgia is also as close to a social-media-free zone as one finds these days. Underway, subs get communications from shore only every 12 hours. At periscope depth—about 80 feet—the captain can send and receive email, slowly, but when I was on the Georgia it was usually around 200 feet under the surface. (It has an unclassified depth limit of 800 feet.)

So the young people—average age 23—who run the Georgia spend their spare time working their way through loose leaf binder paper manuals explaining every aspect of the operation of a 560-foot-long traveling nuclear reactor carrying up to 154 3,000-pound, 20-foot-long Tomahawk missiles as well as a reverse-osmosis water treatment plant.

The Georgia has four levels and three compartments (engine room, missile compartment or MC, and forward compartment or FC), but you can’t simply walk all the way up or down on one set of ladders or stairs, nor can you walk all the way through any level from bow to stern. This is to prevent fire or flood from spreading. The control room is on the top level, 1L, while the torpedos are on the bottom level, forward compartment, FC4L. Enlisted men bunk in MC3L, and some visiting officers are housed there. Enlisted mess is on FC3L. The captain and second in command bunk on FC2L, as do the female officers.
A Navy diver and member of SEAL Delivery Team 2 train outside the USS Florida, twin sister of the Georgia. (Credit: U.S. Navy / Senior Chief Petty Officer Andrew McKaskle)

Young officers begin working in the engine room, where standing watch means monitoring machinery. I wasn’t allowed to visit the engine room, which includes the nuclear reactor, but I did get to see the Tomahawk silos in the missile compartment in the center of the sub, with well-maintained pieces of aerobic exercise equipment and weight stations nestled among them. Along the walls of the missile compartment are the enlisted bunkrooms.

Six of the Georgia’s 19 officers are women, and like other Ohio-class subs she will receive her first female enlisted sailors in a year or two. The presence of women on the Georgia seems a nonissue, though there was a flurry of attention when we became the first nation to allow women to serve on nuclear submarines in 2011. The reason, Captain Adams points out, wasn’t to be politically correct, but to deepen the talent pool for this very selective service. To a woman, the six said they had not met with any hostility on the Georgia, though a couple mentioned instructors at the Naval Academy who opposed women’s presence on submarines. Navy women are currently 17 percent of active-duty officers and 18 percent of enlisted. All new ships are built for habitation by both sexes.

While the drills were taking place, most of the officers, even those who were not on watch, converged on the compact control room to follow the action. It takes two crew members just to adjust the ballast, allowing the submarine to go up and down or maintain a level position. Another group steers—this involves monitoring lots of screens. One, a sonar picture of the Georgia’s (and nearby ships’ or large fishes’) passage through the underwater landscape over time, eluded my efforts at understanding. Passive sonar (listening) is the main way the Georgia makes her way around without bumping into the sea floor or surface ships.

I wanted more time to learn more; basic questions were occurring to me just as it was time to leave the ship. (Who cleans the heads? Answer: everyone, including officers. This is called Field Day. Does the crew ever get to go swimming? Answer: Yes, occasionally when the sub is on the surface the captain orders a “swim call,” and people jump off and climb back up on ladders. How does the Georgia get rid of trash? Answer: They shoot it into the sea, except plastics, which are recycled. Do submariners still adhere to the traditional naval sleep schedule of 6 hours on watch, 12 hours off, where you rotate your sleep times? Answer: No, the Navy recently moved to a watch schedule where each man goes to sleep around the same time every night, though there are still three different watches.)

I left wishing more people had the chance to visit a submarine. A complex, thriving system like the Georgia inspires respect not just for the Navy but for American culture, with its rigorous standards, openness to newcomers, and commitment to teamwork.

Libya Needs Financial Disclosure Laws for Politicians

Sunday, September 13th, 2015

originally published in the Libya Herald on September 12 2015: https://www.libyaherald.com/2015/09/12/op-ed-rebuilding-public-trust-in-the-libyan-government-through-financial-disclosure/

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Op-Ed: Rebuilding public trust in the Libyan government through financial disclosure

By Ann Marlowe.

12 September 2015:

The recent nomination of twelve names for two of the three top positions in Libya’s hoped–for unity government by the House of Representatives (HoR) will be debated on many grounds, but regardless of opinions on the candidates, or the selection process, this moment provides an opportunity for Libyans to rebuild trust in government. So does the upcoming end of the mandate of the internationally-recognised governing body, the HoR, which may lead to new elections.

One relatively quick fix that would have enormous positive effects would be introducing financial disclosure requirements for candidates for cabinet positions and for the legislature – including the twelve names from the HoR. Another related measure is requiring candidates who are currently civil servants or diplomats to pass muster under existing Libyan laws governing state officials.

Much recent political discussion in Libya has circled around the issue of legitimacy of political institutions (the rival HoR and General National Congress in Tripoli) and of past elections. To a lesser extent, there has been a dialogue about the legitimacy of political candidates, mainly around the issue of the 2013 Political Isolation Law. But issues that developed democracies take for granted, such as assuring the probity and financial honesty of political candidates, have been hardly addressed in Libya.

One unfortunate reaction to the Qaddafi era has been that anyone who was an opponent of the regime, even anyone who was jailed by the regime, now has built-in credibility. This neglects the fact that Qaddafi jailed many common criminals who would also have been convicted and jailed by American or English courts. The result has been that ex-cons have served, and still serve, in very high positions in Libya, with predictably bad results. This in turn has led to decreasing trust in government and the political process, resulting in the low turnout of around 18 percent in the June 2014 HoR elections.

Moving Libya from a low to a high trust society is a generational challenge. Establishing a culture of democracy, as well as a nominally democratic political system, is also the work of decades.

But increasing trust in government – and turnout in the next parliamentary elections – can be jump-started by some methods that have worked in other countries, including countries with difficult histories.

Requiring all candidates for the unity government to fill out a public financial disclosure is as new to Libya as free and fair elections, but a precedent for such a disclosure law is found in Libyan Law 3 of 1970, which requires a financial declaration by civil servants and diplomats. Article One of Law 3 states:

The holders of the public offices, judiciary and public prosecution, diplomatic corps and consulates members, officers of the armed forces and police, titled official of the government and local administration or public associations and corporations, and whoever is designated, as permanent or temporary, paid or unpaid, to public service or assumes public prosecution status, shall submit within forty five days from the date of his nomination or designation or gaining public service, a financial disclosure for himself, spouse and minor children. (http://www.aladel.gov.ly/main/modules/sections/item.php?itemid=162)

Law No 3/1970, of course, dates from very early in the Qaddafi period when corruption was not a hallmark of government.

The law could be extended from office-holders to office-seekers. To adopt to Libyan culture, disclosures could be posted on a Facebook page.

The US requires very extensive disclosure for Congressional candidates and even this has not completely kept the crooks out. But the burden of disclosure and resulting media scrutiny tends to discourage egregiously dishonest potential candidates. It would have the same effect in Libya.

The candidates would have to list all assets, companies, shareholdings, directorships and other business involvements that they have. And those who win office would have to do what American officials do: put their financial holdings in a blind trust while they are in power, and make an annual declaration of assets so it could be seen whether they were enriching themselves in office. Libyan law currently mandates that holders of high office declare their assets when entering and when leaving office.

The second measure, the requirement that all candidates be in compliance with existing Libyan laws, would have the benefit of increasing respect for the rule of law and knowledge of Libyan laws as well as eliminating those candidates who have violated the laws. It is often forgotten that Articles 77 and 78 of the Civil Service Act prohibit Libyan civil servants – including diplomats– from “engagement in business of any kind” or corporate board memberships, unless they are serving as representatives of the body they work for (e.g. an official of the LIA serving on a board on an LIA subsidiary).

This brings up another important point. Almost every Libyan says he or she wants “the rule of law”, but many Libyans are neither aware of the country’s laws nor aware of the many violations of these laws by recent political actors from all parts of the spectrum.

Anyone can look up most of Libya’s laws on this website: www.aladel.gov.ly/home/.

Libya’s economic crime laws are full of repetitions and the punishments are often absurdly weak. But they are a beginning, and they are parallel to laws in other Arab countries and to Continental law. (And no, the source of these laws is not the sharia.) Enforcing these laws would have a huge effect in dismantling a culture of impunity.

Worldwide, there is plenty of precedent for financial disclosure both by candidates for office and by office-holders..

Most countries require financial disclosure for high officials:

A more extensive World Bank survey of 176 jurisdictions completed in 2012 shows that 137 (78 percent) have financial disclosure systems. 93 percent of those countries require disclosure for cabinet members, 91 percent for members of parliament and 62 percent for high-ranking prosecutors. However, only 43 percent of countries provide the pubic with open access to public officials’ financial disclosures.

Even developing countries make this information available online:

Argentina, Brazil, Chile, Guatemala, Mexico, Panama and Paraguay have been at the forefront of efforts in Latin America to design and create electronic platforms that publish information about government officials’ personal assets (and also about procurement), according to a 2012 report by FUNDAR.

Libya has, perhaps, a second chance at a better future this autumn. Increasing the hurdles for political candidates, and increasing respect for the rule of law, can only help in the road ahead. The precedent is in Libyan laws.

The Libyan Civil Service Law
Article (77)
Combination of Employment with other Jobs
1 – A civil servant may not combine two jobs himself or through intermediation if such job may harm the performance of the duties of his profession or it is in contrary to its requirements.
2 – – A civil servant may not perform works for others , paid with salary or requital , even during the leaves or after the official work hours the unless a written permission is obtained from the competent Minister and in accordance with the cases and conditions prescribed by the Executive Regulation . The Executive Regulation shall regulate the cases in which the scientific and professional qualifications holders are permitted to perfume these professions after the official work hours.
3- The civil servant may perform , and paid with salary or requital , the of acts curatorship or guardianship or judicial assistance if the person who is under the civil servant’s guardianship or curatorship or the absent person or the person for whom the judicial assistant has been designated for, has a kinship or family relationship as to fourth degree; and he may hold in escrow the assets in which he or one of his relatives or in- laws as to fourth degree, is a partner or an interested party; and also if he is a holder in escrow in accordance with a law , provided that he shall report to the administrative units he works for.
Article (78)
Prohibitions
The civil servant himself or through intermediation is prohibited from conducting any of the prohibited and banned activities prescribed by the valid laws or regulations or statues and particularly prohibited from:
A) Buying real estate or movables which the administrative or judicial authorities put up for sale at the entity where he works.
B) Engagement in businesses of any kind, or having interest in bids or auctions or contracting, or tenders related to his work.
C) Act to get in on the establishment of companies or to accept the membership of its board or any position in the company except when he acts as a delegate of one of the administrative unites or obtains the license for the membership or work from the competent body.
D) Renting, with an intention to exploit in the entity where he works, real estate or movables if such exploitation is related to his work.

END

Ann Marlowe is a writer and visiting fellow at the Hudson Institute and a consultant to a branch of the Libyan state that is neutral in the current conflict.