Democracy fear over Libya’s new rulers

“The Libyan people have the right to know what the steps are regarding the reform of institutions,” said Azza Maghrur,addressing a conference. The Sorbonne-educated lawyer and activist has spoken out at various public forums. “We need to have deadlines. And we need to follow those deadlines,” she said.

According to the draft constitutional charter,the leaders of the NTC are supposed to draw up an election law within three months to pave the way for a vote in June 2012 for a constitutional assembly. That assembly will have 60 days to devise a national charter as well as serving as a legislature. But those who have read the fine print question whether the dates are reasonable. The rules so far also do not spell out whether members of the NTC can run for office under terms they have themselves devised. The June 2012 constitutional assembly must be put up for a vote within 80 days of the “promulgation of necessary laws”,a vague term that could be abused by politicians to maintain a grip on power. “I trust Mustafa Abdul Jalil fully,” said Ms Maghrur of the head of the NTC. “But there needs to be transparency of the system.”

Talk of a new national covenant may be premature. Before there can be discussion on a constitution,reconciliation or reconstruction,the former revolutionary fighters who are setting up impromptu checkpoints across the country must be disbanded,activists say. Armed forces in the city of Misurata,in particular,seem unwilling to give up their weapons or abide by the commands of central authorities in Tripoli or Benghazi. This development has alarmed even some natives of the city. “First of all we need to take all the weapons and all the guns away from the rebels,” said Hadi Abu Hamra,a professor of law at the University of Tripoli. “Then we need to make a real Libyan army.”

While most Libyans lauded the quick death of Gaddafi,many were horrified by the treatment of his body by Misurata fighters. They consider alleged abuse by the rebels before his death as symptoms of lawlessness and of the weakness of the NTC. “You cannot just throw matters into the hands of the angry mob and expect you’ll get the rule of law,” said Salah Marghani,a rights activist and lawyer. “It’s not enough that we trust the NTC.”

The draft constitutional charter,drawn up in the early days of the uprisin,also suffers from weaknesses of omission,say legal scholars. For example,it has failed to include any detail about neighbourhood and municipal councils.

These self-declared groups filled the security vacuum around the country as Gaddafi’s regime crumbled. While they prevented looting and kept a semblance of order,some also set up makeshift prisons and allegedly abused detainees being held without trial.

No mechanism has been conceived as to how to manage the transition from these self-appointed groups to a system democratically appointed. “The municipal councils are not chosen by anyone,” Maghrur said. “The people in these committees must be elected by the people.”

With many institutions in a shambles,little more than the scrutiny of the international community and people power can hold the government to account. More than 400 groups have obtained permission to operate in Tripoli alone. However,a kaleidoscope of organisations and emerging parties could serve as the best safeguard against any attempt by the NTC to entrench itself.

A western diplomat in Tripoli said,“They don’t want a corrupt elite. They want to feel like ordinary people can influence decisions.”

Borzou Daragahi © 2011 The Financial Times Limited