Tripoli: The High National Elections Commission (HNEC) has firmly rejected allegations regarding its purported failure to adhere to the referendum law on the draft constitution, labeling these claims as attempts to erode public confidence in the institution that has the consensus of all Libyans. In a statement issued on Sunday, the Commission clarified its position, emphasizing that it is not responsible for any delays in the referendum process.
According to Libyan News Agency, the HNEC Board has asserted that the continuation of the referendum process is contingent upon adherence to the tenth and twelfth constitutional amendments, alongside the consensus of all political parties. The Commission has reiterated its commitment to exhaust all efforts to facilitate the implementation of this constitutional requirement.
The statement from the HNEC outlined a timeline of interactions with relevant parties that have resulted in the obstruction of efforts to execute the constitutional referendum. It noted that the House of Representatives issued Amendment No. (10) on November 26, 2018, which led to the creation of Law No. (6) of 2018 concerning the referendum on the draft constitution. This law was subsequently referred to the HNEC, which began a technical review of its articles to prepare for implementation.
On December 12, 2018, the HNEC received a letter from the State Council demanding the immediate cessation of the referendum law's implementation. Due to the constitutional relationship between legislative and electoral bodies, the HNEC chose not to respond to this letter. Instead, it requested amendments to certain articles of the law from the House of Representatives, leading to the issuance of Law No. (1) of 2019 which facilitated the creation of regulatory bylaws and executive procedures for the referendum.
The HNEC also sought financial support from the Government of National Accord (GNA), requesting 40 million Libyan dinars for referendum-related expenses. However, this request was denied by the head of the GNA, despite the lack of convincing reasons for the refusal, as noted in an official meeting attended by the Chairman of the HNEC and the Deputy Special Representative of the United Nations Secretary-General.
The High Council of State and the GNA have both opposed the HNEC's initiatives to conduct the constitutional referendum as required by law, with efforts to reverse their decision proving unsuccessful. The Twelfth Constitutional Amendment issued on March 21, 2022, called for a committee to resolve disputes concerning the draft constitution and referendum law. However, this committee has not reached an agreement, and the HNEC has not received the amended draft constitution needed to proceed with the referendum.
The HNEC's detailed account of events underscores its non-involvement in obstructing the referendum. It maintains that resuming the referendum process necessitates revisiting the Tenth and Twelfth Constitutional Amendments and securing political consensus. The Commission remains committed to ensuring the realization of this constitutional mandate.