Lack of transparency in the decision-making processes of the NTC and the transitional government is a common grievance of Libyans, both at the professional level and the grassroots level. This grievance has manifested itself in an inability of the transitional government to establish a legitimate authority with the population and, as a result, the government has been unable to undertake key actions, such as disarmament, effectively.
Further, Libya has inherited a weakened judicial system, and one that does not have the trust of the people, as a result of the Gaddafi regime’s marginalisation and systematic stripping of the judiciary’s independence. For Libya to complete the transition to a democratic state governed by the rule of law, it is vital that the judiciary is enshrined as an independent and separate branch of government and one that serves as a true check on the legislative and executive branches of government.
LFJL’s Governance and Rule of Law Programme promotes the principles of transparency and accountability in all branches of government and calls for and end to the revolutionary legitimacy on which the NTC and government have thus far relied and instead calls for legitimacy to be drawn from the rule of law. LFJL sees the role of the judiciary as key in this process.
As part of its Governance and Rule of Law Programme, LFJL has worked on the building of the capacity of judges in Libya including in facilitating the participation of Libyan judges in a pan-Arab conference on the Arab Spring and Independence of the Judiciary.