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Who Is Blocking Libya’s Constitutional Referendum?

January 5, 2026
Who Is Blocking Libya’s Constitutional Referendum?

Who Is Blocking Libya’s Constitutional Referendum?

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A renewed political dispute has erupted in Libya over responsibility for blocking the long-delayed referendum on the draft constitution, once again exposing deep divisions between the country’s key institutions and complicating efforts to end the prolonged transitional period.

The standoff has centered on conflicting narratives from the High National Elections Commission, the High Council of State, and the House of Representatives, each accusing the others of obstructing a process widely viewed as essential for holding national elections.

In a statement issued Sunday, the High National Elections Commission firmly rejected claims that it failed to carry out the constitutional referendum, describing such accusations as misleading and detached from the legal and constitutional framework governing the process.

The commission said the referendum was derailed by factors beyond its control, including the refusal of the High Council of State and the former Government of National Accord to proceed under the existing legal framework, as well as the failure to provide the required funding.

The commission stressed that it was never an obstacle to the referendum and reiterated its readiness to implement any constitutional or electoral process once it is legally and procedurally referred. It noted that reviving the referendum requires returning to the 10th and 12th constitutional amendments, along with a clear political consensus among Libya’s institutions. The commission also recalled that it had requested funding estimated at 40 million Libyan dinars to organize the referendum, but the request was rejected at the time.

The High Council of State responded swiftly. Its president, Mohamed Takala, dismissed the commission’s account as inaccurate, arguing that the council had reached understandings with the House of Representatives during talks in Bouznika.

He said the core issue lies in the legitimacy of the elections commission itself, insisting that restructuring its leadership through political consensus is necessary to guarantee credible electoral outcomes. Takala warned against sidelining the council’s consultative role or emptying the principle of consensus of its substance.

The dispute has further intensified disagreements between the House of Representatives and the High Council of State over authority to appoint leaders of sovereign institutions, particularly the elections commission.

Members of parliament maintain that appointing the commission’s leadership falls exclusively within the House’s legal mandate, with consultation with the High Council remaining nonbinding. In contrast, the High Council insists that any unilateral appointments undermine political balance and legitimacy.

These tensions escalated after the High Council held a session to elect a new head and members of the elections commission, a move that triggered strong objections from lawmakers and renewed controversy surrounding the current commission chairman. The clash reflects a broader struggle over power, influence, and institutional control rather than a technical dispute over electoral procedures.

Libya’s draft constitution was completed years ago by the Constitution Drafting Assembly, yet political rivalries and legal disagreements have repeatedly blocked its submission to a popular referendum.

Observers warn that continued infighting over authority, appointments, and procedures risks perpetuating the transitional phase, delaying elections, and further eroding public trust in the political process.

Tags: ConstitutionDisputelibyaReferendumRoadmap
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