The Anti-Federalist Paper(s)

From Federalist No 1 of “The Federalist Papers”

“It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force."

The purpose of this paper is twofold. First, I want to lay out why Federalism is wrong for the Republic of Libya at the present time. Second, I wanted to respond to a recently published article written by Mr. Mohamed Eljarh of Libya.

Regarding the declaration of Federalism in Barca, one of the three main historical regions of Libya. The other two being Fezzan and Tripolitania. The unilateral declaration of “semi-independence” on the face of it is ludicrous. For one state to decide, without a national, or even regional vote that it would pursue a federal structure defies reality. Why do I say this? Because how can you have a federal republic with only one of the three regions embracing federalism? Are the other two states going to be forced to also practice federalism or can they remain unitary?

Many federalism supporters point to the USA as a prime example of the wonders of federalism and it is, however the USA is a nation of 300 plus million with various time zones in what amounts to a modern day empire if you include their overseas bases, territories, and protectorates. Libya apparently has one time zone and a population of 5,613,380 (July 2012 est.) and a Median age of 24.8 years according to the CIA World Factbook. With such a small and young population it would seem to be more reasonable to have a modern unitary government in lieu of an overly complex and redundant one.

Especially with modern technology, government can more rapidly respond to local issues and no longer can one argue that central authorities are too distant or uninformed about unique local issues and concerns.

Federalism fosters often overlapping and contradictory laws, rules, regulations, and entities. For example, there is federal police and state police. A federal ministry or department of health and then a state health department. Federal legislature and state legislature and the list goes on and on. Of course one can argue that due to regional differences, local rules made by locals may be better suited to provide for the unique situation of the specific locality. However this inevitably leads to conflict and contradictory policies which some entity has to normalize such as a Federal Supreme Court.

Many of the recently converted Federalism supporters may have noble intent, but there are likely among them actors who wish to wrest control or financial resources for their own tribes or agendas. Some have argued that the primary impetus is not actual federalism but that public announcements are merely bargaining tools designed to maximize concessions or provide cover for those in the central authority who wish to devolve authority and know that they lack a public consensus to do so. This declaration of federalism by the Barcan renegades is therefore simply a tool to further the goals of Barcan loyalists in the central government.

The utter failure of the central authorities to provide basic services such as security, education, healthcare, transportation improvements, or lessen the horrific auto accident deathrate are all scandalous in their own right. However, the failure to prepare a reasonable and rational Constitution is the largest impediment to proper politcial development in Libya. There are numerous reasons for the delay in the production of a workable constitution and they are beyond the scope of this paper. However, creating the consensus for a new Libyan Constitution is extremely important and this delicate process, more art than science, must be done as quickly as possible. The reason for the lack of central authority will and action in this regard has not been explained publicly as far as the author knows.

Part II: my response to Mr. Eljarh

Mr. Eljarh is a prolific writer and bon vivant active in the blog-sphere and apparently the darling of certain western media entities. I have read a couple of his pieces and what struck me is that he has a slant designed for western audiences rather than a Libyan one. In any case, I am a proponent of the concept of free speech and will exercise mine to rebut Mr. Eljarh. This critique is regarding his blog entitled “Federalists in Libya up their game ahead of the constitution” Posted By Mohamed Eljarh on Tuesday, June 4, 2013 - 11:30 AM

The slant on this piece is pro-Federalism and I wouldn't waste time on it but he apparently is the official Libya blogger for Transitions which I guess falls under the aegis of Foreign Policy magazine. So I decided to try and dissect his arguments.

Here are two quotes: “provinces, which have often enjoyed considerable powers of self-rule at various moments throughout Libyan history” and “local identities have reasserted themselves with a vengeance.” The problem I have is that the average reader has no idea if that is true or not. Mr. Eljarh makes two bold statements and doesn't back them up at all. Are we to take the meaning and subtext of those words at face value? But maybe he's trying to guide the reader to a certain destination.

There is also a subtle attempt to equate anti-Federalist thinking with the former ruling madman by saying, “Muammar Qaddafi did his best to stamp out memories of strong regional power” This is arguably incorrect because Qaddafi allowed Misratah to be a regional economic powerhouse. The port there is still one of the busiest, if not the busiest in Libya. Steel, cement, and other commercial enterprises were permitted by the former dictator and the reputation of Misratah as the Gangnam or business center of Libya persists to this day. In addition, Sirte, the reputed base for Qaddafi's tribe and the location of his inglorious demise was built up as the alternate capital of Libya. He lavished resources on Sirte so the supposed centralization of power, prestige, and money under Qaddafi is quite possibly a specious argument if one takes the effort to dig deeply and try and understand the often contradictory policies of the former regime.

Now on to the next point made by Mr. Eljarh, he writes, “On Saturday, June 1, Ahmed Zubair al-Senussi, the leader of the self-proclaimed government in the eastern province of Cyrenaica, issued a declaration of semi-independence.” Semi-independence? Really?!? Was full independence too much too soon or did they not want to hurt the feelings of non Barcans?  Mr. Eljarh elects to overlook the fact that Zubair is a self-proclaimed leader of Barca, he was never elected to his post as visionary scion of the “royal” family of the House Senussi. By what authority does Zubair get the legitimacy to rally Barca to semi-independence? He apparently wants to distance his region from a temporary entity in the form of the General National Congress (GNC). Rather than take the reasonable path and allow for the ratification of a constitution, Zubair wants to force all Libya to accommodate his factional demand for semi-independence.

Then Mr.Eljarh states, “He [Zubair] made his proclamation in front of a big, jubilant audience gathered in the city of El Marj” I enjoy the emotive use of the word “jubilant” and wonder how jubilant they were? Also how big was the crowd? Alas, Mr. Eljarh ignores these questions and leaves it fully to the readers imaginative faculties. He also doesn't mention even an estimate for the amount of support Zubair actually has. I think he omits this because there has not been any public poll or vote in Barca regarding Zubair or his support among the populace of Barca.

Next Mr. Eljarh glosses over the supposed resume of Zubair, “The Cyrenaican leader served for a while on the post-Qaddafi National Transitional Council before resigning to run the regional government in Cyrenaica.” But to be fair, Zubair apparently spent a considerable amount of time in detention under more than one Libyan regime if my memory is correct.

In the following paragraph, Mr. Eljarh apparently makes the case that tribal leadership is superior to militia leadership. He writes regarding the Zubair led Barcan council, “The Council does, however, enjoy the support of powerful tribal factions who are concerned about maintaining the rule of law in a country awash in weapons and rival militias.” He never explains why tribal factions are preferable to his bogeyman of choice: militias. 

Mr. Eljarh apparently has an issue with militias, as do many Libyans. He writes, “Over the past few weeks, armed militias affiliated with the Muslim Brotherhood and the city of Misrata demonstrated their muscle by taking over government ministries in Tripoli and pressuring to pass the controversial Political Isolation Law.” This statement is a bit misleading, Mr.Eljarh provides no citation or proof that the gunmen were affiliated with the Muslim Brotherhood or Misratah and they did not “take over” the Ministries. They did surround them and lobby very forcefully for a vote on the PIL. Thankfully nobody was killed and the gunmen withdrew once they were assured that their representatives in the Congress understood the gravity of the situation.

I wish Mr. Eljarh well but hope that he refines his writing style to the extent that he understand that Libyans like me who oppose the imposition of federalism at this time also have a voice in this debate. Thank you for reading my analysis of this controversial topic as it relates to Libya.

http://transitions.foreignpolicy.com/posts/2013/06/04/federalists_in_libya_up_their_game_ahead_of_the_constitution

The Conflicted Libyans

Editorial Note:  This was written prior to the passage of the PIL and the resignation of Mr. Mgarief

I often turn my thoughts to my relatives and countrymen and women back in Libya.  I was ecstatic when Gaddafi was finally brought down to earth from his self-delusional and morally bankrupt role as leader of the Libyan people.  I witnessed, as did the whole Libyan nation and indeed the world, the self-sacrifice and supreme struggle of the fighters of Free Libya.  Then in July of 2012 we all saw the voting for the General National Congress(GNC) and there was real hope that our country was on the right path to democracy.

In spite of the national elections there was still some turmoil and many groups in Libya were not going to readily go along with the plans made by anyone, let alone 200 amateur congressmen and women.  Then the tragedy of Benghazi in September of 2012 highlighted for all that the security situation inside Libya was tenuous at best.  Libyans, unaccustomed to the vagaries of democracy also added to the delay and confusion in the GNC by storming the hall on an almost regular basis.  This led many, myself included, to give the GNC some slack for the lack of concrete action on the most important piece of legislation of any nation: the constitution.

Then we had the fiasco of the selection of a Prime Minister of Libya which was handled with as much finesse as an itinerant ditch digger.  Libya seems to be like a drunken sailor, staggering and lurching from one near crisis to another without the chance or even need to sober up and take care of serious business.  I realize that major decisions have to be made in haste and that the Libyan culture is such that everyone has an opinion and most think that their opinions are the only ones that matter.  This type of mentality doesn't lend itself to reasonable political discourse, especially when billions of dollars are spent as if it was water. 

And as time continued to flow, my empathy turned to dismay for it seemed the members of the GNC were infiltrated by former Gaddafi acolytes and supporters.  During and after the revolution I was pleased that many finally saw the light and renounced Gaddafi but I don’t want them helping to shape the constitution for the New Libya. 

The creation of the Constitution cannot be helped by the fact that the acting Head of State of Libya and the President of the GNC is often heading off on foreign excursions.  One person should not hold both those titles.  I understand the temptation to travel to exotic locales and meet foreign heads of state and get some contracts signed and be the guest of honor at dinners and social gatherings.  This type of thing is normal in diplomatic circles but while Libya is in such dire need of attention, the frivolity of things such as improving "bilateral" relations pales in comparison to the urgent and pressing need to repair the society and structure of Libya itself.

Many inside and outside Libya argue that we have a failed state on our hands.  I strongly disagree with those who hold such a position.  We do have a nearly failed GNC to worry about but it is not all their fault, the armed militias, and apathetic public do share some of the blame.  The GNC must immediately abolish secret voting, and should continue to televise all their deliberations.  I realize that might put many Libyans to sleep but that might actually help matters.  The GNC must try and explain their actions and inaction clearly and truthfully to the nation.  We don't need slick politicians who lie and know to tell a different lie depending on the audience.

Here are some other suggestions for the GNC.  We must, for the time being, curtail all foreign travel except emergency travel for all GNC members.  This ban can be lifted once the constitution and date of election for the new government is determined.  The Foreign Minister or Prime Minister should still travel as befits their roles.  Decisions made by the Integrity Commission must be immediately implemented.  Take a fixed number of men from each reputable militia and task them with guarding the GNC while they perform the most important task carried out in generations.  That way, the GNC can no longer claim that they are constantly harried and interrupted in their duties to the nation. 

All Libyans have the freedom to express their desires and hopes for a better Libya.  Any Libyan who wants to do so should participate in some way in the democratic process.  The GNC serves the people, the people don't serve the GNC.

Those are my thoughts and God bless the good people of Libya

Concerned Libyan Citizen

May 2, 2013

Recently returned from Libya...

I got back from Libya a week ago, need to write a new post and will do so soon.  Libya has changed a lot and is still in transition to a new system.  Much has been done but even more is needed to make Libya a place I can truly call home for my family.  God willing, the new government will make the necessary changes as soon as possible so the majority of Libyans can and will have the nation they deserve.

Where are the Libyan heroes?!?

It has been a year since Kaddafi finally met his demise and the New Libya is teetering on the edge of the abyss.  The old men and probably remnants of the Old Guard of the former regime are trying their best to destroy the New Libya because of their petty self-interest or just plain stupidity. 

One of the problems with the revolution was the fact that we didn't have a true hero to rally around.  We didn't have an Omar Mukhtar type of personality or someone with true charisma or excellent leadership qualities, what we got were a few possibly well intentioned guys who switched sides as soon as they knew that Kaddafi was on the way out and some really sincere rebels who wanted to rid themselves of the tyrant Kaddafi and his clan.

In a way the lack of a hero or Mahdi type is beneficial because anyone can turn to the path of oppression, greed, and injustice.  So by now we Libyans should have realized that Libya will have to find true patriots who will honestly work and fight for the benefit of the majority of Libyans and not just for their own family or tribe. 

Abushagur was tossed out as the supposed Prime Minister and the new guy, Zidan from Switzerland is doing his best to organize a new government.  However today after reading some of the people he has selected, I believe he has made another grave error.  I don't recognize any of the names that I have read so far except one; Ali Aujali.  I have met Mr. Aujali a couple of times and I don't really know too much about him but he struck me as a long term Kaddafi flunky who fled the sinking ship.  I give him credit for switching sides so early and helping to foster the revolution.  Mr. Aujali has been an ambassador for the Kaddafi regime for many years and was kept on in his last Kaddafi Inc. position, namely the Libyan Ambassador to the U.S. of A.

He is not now, nor ever will be, qualified to be the Foreign Minister of the new Libya.  Why do the old men of Libya think that they have the right or deserve to rule the new Libya?  They were not on the front lines of the revolution, they did play an important role but the old men are too tainted by the evil and corruption of the past generations of Libyans to properly and justly set up the new system.  The younger generations must be given a bigger role and have more influence on the new system and nation being forged in the Libyan desert and cities.

The new Libyan government has primarily focused on two things: 

1. Making sure they and their family get paid

2. Showing the Libyans and the world that they don't know what they are doing.

I will always keep my faith in God and hope that my fellow Libyans eventually realize the error of their ways before it's too late. 

Reuters article about protests at Libyan Congress and Zidan cabinet picks

The Libyan Revolution, second chapter rebooted

As the weeks go by and the new guys running the show in Libya continue to show their ineptitude, the risk of an internal counter-revolution or invasion of Libya grows. Do I think the remaining Gaddafi boys will round up some mercenaries and foolish Libyans and try and retake the country for House Gaddafi? There's a chance that Khamis is still alive and laying low so he can figure out a way back into power. Mohamed Gaddafi, Hannibal, and Saadi are probably better suited to tearing up the dance floor than taking over Libya so I don't think there's much threat from those three. 

 

However, there's also a chance that Egypt will create a pretext so it can roll in and steal the wealth of the Libyans in order to fund the revived Caliphate of the Mamelukes or Fatimids.  Egypt is the biggest threat to Libya at this point due to their location, large and impoverished population, and ability to quickly and easily overpower the current government of Libya.  Hell, at this point, even the Knights of Malta could probably overwhelm the Libyan government and at least have a night of drunken revelry to celebrate their conquest of the New Libya. 

 

The citizens of Libya either don't realize or don't care that the longer the new government takes to stabilize the country will only make the task of rebuilding the country that much more difficult and expensive.  The cost to Libyans of getting rid of House Gaddafi in terms of lives lost, lives irreparably damaged, destruction of property, and untold billions of dollars stolen by foreigners or even by Libyans can never be truly calculated.  We Libyans owe other Arab countries, the West, and especially America a lot for their help in liberating Libya.  Libya has to honor its debts and obligations or we will surely suffer more and I think Libyans are tired of suffering. 

 

Finally, the Americans are making a list, and it's not for Santa Claus, of Libyans who will soon either die or be captured for their role in killing the four Americans on September 11, 2012.  I think most of those targeted will be the hard core Islamists who are now coming out of the woodwork in Libya and across the Muslim world.  Salafists who peacefully practice their version of Islam should be welcomed in the new Libya.  However, anybody who thinks they can impose their will either through violence or the threat of violence must be stopped because both the tyranny of the majority is as wrong as the tyranny of the minority.  And by that I mean that House Gaddafi with all its corruption and stupidity had to be stopped and the imposition of a supposed theocracy in Libya must be stopped. 


The following are a couple of links to give you some references to the ideas I have written about above:
will Egypt take Libya for lunch?
America's list of bad Libyans

The shocking deaths in the Libyan east

Yesterday I was saddened to hear that ignorant Libyans took it upon themselves to attack the US consulate and burn it.  Then I heard the shocking news that four Americans, including the US ambassador, were killed by Libyans during an anti-American protest.  This was supposedly in response to a movie made by some American idiots insulting my religion and prophet.  Of course this film was made with at least two audiences in mind, first American zealots who fear and loathe Islam and second, those legions of Muslims who are quick to act without reason or rationality. 

I will not waste my time watching this so called movie but I will also not join those ignorant fools who want to ban or censor such trivial things.  For centuries there have been jokes written and told about my prophet and other prophets.  There have been books and movies insulting Jesus and probably other prophets or religions.  The three great religions have withstood torture, oppression, executions, insults, and ridicule and none of them will be destroyed by the likes of the furtive and insolent scoundrels who have produced this movie.

My Libyan brothers and sisters, before Islam came to the Arabs and enlightened us, the Bedouin was reputed to be hospitable to his guests.  After Islam, God told us many things, among them I think is to protect guests and to treat all people with dignity and respect.  The deaths of my fellow Americans in Benghazi was a terrible incident and those guilty will probably be punished in this life and the hereafter. 

America helped us to rid the world of Gadaffi and I for one will always owe the US a debt of gratitude because I know that God first and foremost ended Gadaffi, but NATO's involvement surely helped facilitate the end of the House of Kaddafi.  My father was a religious man, but had he lived to see this day, I'm sure he would have been against the attack on the American consulate.  I will never give up hope for the Libyan nation, 42 years of Kaddafi didn't make me forget the land of my forebears, and neither will a ragtag bunch or salafists or thieving bastards running the show back home make me forget Libya. 

The new government now has another black eye due to their ineptitude and apparently they are too busy living it up and figuring out what new house or car to buy with their new found wealth.  But they better remember what happened to Kaddafi and wake up before it's too late for them.  Peace out.

The first law passed by the new Libyan Congress did what?!?

I read recently of the interesting events happening in Libya: kidnappings, murders, torture, theft, rape, pillage, drowning, car bombings, no trash pickup, missing kids, and other things that happen in any country.  However, it appears as though dual citizenship and Libyans marrying foreigners is at the top of the Libyan agenda at least when it comes to the new congress.

You have got to be kidding me.  The new speaker of the Congress probably was or is a dual national or at least was a legal resident of the USA.  This fixation on having more than one passport or being married to a foreigner is rather archaic and narrow minded at best.  Do they really think that people who were forced to flee Libya due to Gaddafi and therefore had to seek refuge in another country want to go back to Libya and take over? 

The honeymoon period for the new government is still in effect but as the recent bombings show, time is going to run out sooner or later and if the new regime doesn't improve things quick, there is going to be further problems in Libya.  I really do hope things get sorted out before too long so I can really enjoy my first trip back in twenty years. 

I want to go to Libya and visit my relatives and friends without having to worry about my womenfolk being harassed.  I want to stroll the boardwalk and streets without having to pack heat and without having to draw a weapon on some fool who thinks he knows what time it is.  The time in Libya is now the time to grow up and act like a proper nation and not be a paranoid nut house as it was under Gadaffi.  I know it will take time, but let's get going people.

first law passed by Libyan Congress