New plan, same mistakes? Four priorities for UNSMIL's Advisory Committee to advance elections

On 4 February 2025, the United Nations Support Mission in Libya (UNSMIL) announced the establishment of an Advisory Committee tasked to address Libya’s prolonged political and electoral deadlock by resolving contentious legal issues that have stalled national elections.  

This Committee – made up of 20 members of Libyan academia, civil society, and legal and political fields – will be presenting two draft election laws, one for parliamentary and the other presidential elections, to guide Libyan stakeholders in implementing a viable roadmap for elections.

Lawyers for Justice in Libya (LFJL) welcomes this initiative. Yet for the Committee to be able to deliver on its mandate and to contribute meaningfully to efforts towards national elections, it must learn from the mistakes and shortcomings of previous failed UN initiatives and commit to doing things differently.

With the Committee already convening and actively discussing electoral laws, there is a short, critical window of opportunity to ensure that its work leads to inclusive, transparent and actionable outcomes to which Libyans can commit.

LFJL calls on the Committee to:

1. Be open and transparent

For the Advisory Committee to succeed, it must be open and transparent from the first instance. LFJL urges UNSMIL to provide clear and detailed information on how Committee members were selected—who was involved, what process was followed, and what procedures were taken to vet the current members. Addressing concerns about partisan bias or potential foreign interference is crucial to promoting the legitimacy and credibility of the process and the Committee itself.

UNSMIL should also publicly share the Committee’s mandate, work plan, and objectives. Past UN-led initiatives, such as the Libyan Political Dialogue Forum (LPDF), failed in part because decisions were made behind closed doors with little explanation. This lack of clarity fuelled public distrust, accusations of bias, and concerns about outside influence. The Advisory Committee must not repeat these mistakes.

Finally, the Committee must commit to producing regular and accessible updates for the public. Progress reports should be clear, straightforward, and avoid political jargon, allowing the public to stay informed and engaged throughout the process.

2. Engage the public effectively

The Committee must go beyond transparency to involve the public actively in shaping Libya’s electoral future. Libyans have the right to contribute to decisions that will impact them and the Committee should create opportunities for meaningful engagement through consultations, feedback mechanisms, and dialogue, including with civil society. Without this, there is an imminent risk that Libyans will, once again, feel that decisions are being made for them, rather than with them.

Public engagement is also a defence against those who may try to disrupt or discredit the Committee’s work or outcomes. Past experiences have shown that both domestic and foreign actors are likely to attempt to undermine the Committee’s work. The most effective way to counter this is by securing broad public support. By keeping Libyans informed and involved, the Committee can strengthen its legitimacy and ensure that its proposals are not easily dismissed or manipulated.

3. Adopt a human rights framework that protects civil society

A free and active civil society is essential for fair elections, as it promotes transparency, accountability, and public trust in the democratic process. Past initiatives have failed to address the growing restrictions on activists, journalists, election monitors, and human rights defenders in Libya, leaving them vulnerable to further silencing and suppression.

To prevent the repetition of previous failures, the Advisory Committee must conduct a thorough human rights analysis of all draft laws to ensure they align with both Libyan and international human rights standards, and do not restrict civil society, suppress dissent, or limit democratic participation by all Libyans including disenfranchised and minority groups. The Committee must actively ensure that Libya’s electoral framework promotes open participation, rather than restricting it.

4. Ensure integrity and prevent obstruction

Libya’s political transition has been repeatedly obstructed by elites, militias, and other actors who benefit from the status quo. Through intimidation, legal manoeuvring, and disinformation, they have worked to derail reform efforts and weaken democratic governance. The LPDF also suffered from credibility issues due to allegations of bribery and vote-buying.

To prevent this, UNSMIL must take active steps to safeguard the Advisory Committee’s independence and integrity, ensuring it can carry out its work without interference or political pressure. This includes challenging obstructionist actors by exposing those who attempt to manipulate or delay the process. UNSMIL must clearly define and enforce consequences for corruption, including disqualification or public blacklisting of those implicated. Upholding integrity and accountability are essential to ensuring the legitimacy and success of Libya’s electoral process.

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