The fundamental problems in the ever-evolving draft electoral law proposed by Libya's National Transitional Council earlier this month seem to be completely lost on its architects. As an unelected and thereby unrepresentative government body, the NTC does not have the political legitimacy to draft such a law, let alone enact it without a transparent public debate. But still, the law is expected to be announced tomorrow.
The most recent violence, in which "pro-Qaddafi" forces are said to have retaken the town of Bani Walid, shows how urgently the country needs a political framework to bring together different factions and begin to disarm the militias. That transitional process, however, is causing more disputes than it is resolving.
The draft legislation will govern the elections of a 200-member national congress to draft the new Libyan constitution and appoint a new interim government in June. But it is flawed on many levels. First, it was written by unnamed committee members appointed by the NTC whose credentials and qualifications are largely unknown. There have also been allegations that the original version is not the same as the one published on the NTC website, raising further speculation over the document's origins.
Further, there are articles in the legislation that call into serious question the judgement and motives of the NTC. First among them is a stipulation that essentially bans Libyans with dual nationality from running or even voting in elections.
"This move was an insult to Libyans who were forced to leave their homeland," said a longtime leading opposition member, who asked to remain anonymous. "They stood against Qaddafi at great risk and cost while members of the NTC, including chairman Mustafa Abdul Jalil and his recently resigned deputy chairman Abdul Hafeez Ghoga, were actively supporting and serving the regime."
The role of former Qaddafi loyalists has also emerged as a point of contention. There is speculation that the exclusion of Libyans in the diaspora and those with dual nationality could be an attempt by the NTC leaders to deflect attention away from their own history with the regime.
In the early days of the uprising, it was Libyan expatriates, many with dual nationality, who urged the opposition in Benghazi to declare a government, resulting in the formation of the NTC. Many Libyans living in Europe, Canada and the United States threw their weight behind the fledgling Council, organising relief efforts, raising awareness in the media and lobbying their governments to secure international support for the revolution and diplomatic recognition of the NTC.
Of course, this was based on the understanding that the NTC would step aside and be replaced by a more representative governing after Qaddafi's fall.
In a strange twist, the portion of the law dealing with dual nationality and defining Libyan citizenship is derived from a statute enacted by the Qaddafi regime in 2010 to punish Libyans abroad who rejected his rule. According to Article 5 of Law 24, which is mentioned in the new draft law, any Libyan who assumes citizenship of a second country without written government consent automatically relinquishes Libyan nationality.
It is fair to ask why any element of Qaddafi's illegitimate rule is being enshrined in Libya's future as a democracy. But this particular provision means Libyans with dual nationality are not only barred from politics, but they are technically not even Libyan anymore and would need a visa to enter the country.
Assuming that this is merely an unintended consequence of the NTC-sponsored legislation, it is certainly indicative of its ambiguous, problematic nature. Because the Council went about drafting the law in such an authoritarian, clandestine and sloppy manner, it has angered many Libyans who have been starved of political participation for more than 42 years.
That festering hostility towards the Council came to a head on Saturday when protesters stormed NTC offices in Benghazi. The protesters' demands were not focused on the electoral law, but were more generally aimed at the removal of former Qaddafi regime officials from the NTC. This resulted in the abrupt resignation on Sunday of Mr Ghoga, the deputy chairman of the Council, who had been mobbed by angry demonstrators at Benghazi University the week before.
Clearly shaken by these events, the NTC then postponed the announcement of the electoral law until tomorrow. Council members claimed that the document would undergo further review based on the feedback they had received.
It remains to be seen what the election legislation will ultimately look like or what concrete steps, if any, the NTC will take to restore the public's faith that it is capable of leading the country through this critical period.
But what both the NTC and the Libyan people need to realise is that the means by which they achieve democracy are just as important as the end result. A weak, flawed election law can only translate into a weak, flawed constitution and government - one that would be as easy to topple as the 1969 government that Qaddafi replaced.
Hanan Ghosheh is a Libyan-American political analyst
COMPANY%20PROFILE
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Anxiety and work stress major factors
Anxiety, work stress and social isolation are all factors in the recogised rise in mental health problems.
A study UAE Ministry of Health researchers published in the summer also cited struggles with weight and illnesses as major contributors.
Its authors analysed a dozen separate UAE studies between 2007 and 2017. Prevalence was often higher in university students, women and in people on low incomes.
One showed 28 per cent of female students at a Dubai university reported symptoms linked to depression. Another in Al Ain found 22.2 per cent of students had depressive symptoms - five times the global average.
It said the country has made strides to address mental health problems but said: “Our review highlights the overall prevalence of depressive symptoms and depression, which may long have been overlooked."
Prof Samir Al Adawi, of the department of behavioural medicine at Sultan Qaboos University in Oman, who was not involved in the study but is a recognised expert in the Gulf, said how mental health is discussed varies significantly between cultures and nationalities.
“The problem we have in the Gulf is the cross-cultural differences and how people articulate emotional distress," said Prof Al Adawi.
“Someone will say that I have physical complaints rather than emotional complaints. This is the major problem with any discussion around depression."
Daniel Bardsley
UAE currency: the story behind the money in your pockets
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
Seven%20Winters%20in%20Tehran
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Fighting with My Family
Director: Stephen Merchant
Stars: Dwayne Johnson, Nick Frost, Lena Headey, Florence Pugh, Thomas Whilley, Tori Ellen Ross, Jack Lowden, Olivia Bernstone, Elroy Powell
Four stars
Tree of Hell
Starring: Raed Zeno, Hadi Awada, Dr Mohammad Abdalla
Director: Raed Zeno
Rating: 4/5
How it works
Each player begins with one of the great empires of history, from Julius Caesar's Rome to Ramses of Egypt, spread over Europe and the Middle East.
Round by round, the player expands their empire. The more land they have, the more money they can take from their coffers for each go.
As unruled land and soldiers are acquired, players must feed them. When a player comes up against land held by another army, they can choose to battle for supremacy.
A dice-based battle system is used and players can get the edge on their enemy with by deploying a renowned hero on the battlefield.
Players that lose battles and land will find their coffers dwindle and troops go hungry. The end goal? Global domination of course.