Equipo Nizkor - UNSC S/2016/605 - Letter from the President of the House of Representatives of Libya concerning the constitutional status of the so-called Government of National Accord of Libya.

United Nations
Security Council

S/2016/605

Distr.: General
11 July 2016
English
Original: Arabic

Identical letters dated 11 July 2016 from the Permanent Representative of Libya to the United Nations addressed to the Secretary-General and the President of the Security Council

I have the honour to transmit the letter from His Excellency Mr. Agila Saleh Essa Gwaider, President of the House of Representatives, concerning the constitutional status of the so-called Government of National Accord of Libya, its decisions and the position of the United Nations on the matter.

I should be grateful if you would have the present letter and its annex circulated as a document of the Security Council.

(Signed) Ibrahim Omar Dabbashi
Ambassador
Permanent Representative

Annex to the identical letters dated 11 July 2016 from the Permanent Representative of Libya to the United Nations addressed to the Secretary-General and the President of the Security Council

We have the pleasure to inform you of the following:

1. Some major powers are trying to cause the United Nations to violate Libyan sovereignty and Libyan laws by forcing it to recognize the so-called Presidency Council of the Government of National Accord, its incomplete membership, as the legitimate Government of Libya, despite not having its full complement of nine members, and despite its inability to form an Accord Government, as well as the failure of the House of Representatives to adopt the Political Agreement and to include it in the Constitutional Declaration, which is an essential requirement for the Agreement to be valid.

2. Legally, the interim Government headed by Mr. Abdallah Al-Thinni is still the legitimate Government, in the absence of any other Government recognized by the House of Representatives.

3. The Presidency Council of the Government of National Accord has no right, whatsoever, even if it has a full complement of members, to violate the powers conferred on the House of Representatives by the Constitutional Declaration.

4. All decisions taken by the so-called Presidency Council of the Government of National Accord, headed by Mr. Fayez Serraj, are considered null and void and without effect, until such time that the Political Agreement is formally adopted by the House of Representatives and incorporated into the Constitutional Declaration.

5. Decisions on the appointment and dismissal of senior officials and ambassadors taken by the so-called Presidency Council of the Government of National Accord, including the decision to relieve Ambassador Ibrahim Omar Dabbashi of his post as the Permanent Representative of Libya to the United Nations, are null and void and without legal effect.

6. The House of Representatives trusts that the Security Council and other organs of the United Nations will show greater respect for Libyan sovereignty and Libyan laws.

In this regard, it is our hope that you will not accept any decisions taken by any entity other than the House of Representatives and the Government it has approved. We would also like to inform you that Mr. Ibrahim Dabbashi is still the Permanent Representative of Libya to the United Nations.

(Signed) Agila Saleh Essa Gwaider
President of the House of Representatives

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11Jul16

Letter from the President of the House of Representatives of Libya concerning the constitutional status of the so-called Government of National Accord of Libya