United Nations Secretary-General Ban Ki-moon has raised serious questions about justice in Libya, pointing out that some 7,000 people are in detention without trial, in post-Gaddafi Libya.

In the first couple of months after Gaddafi was killed and Libya was rid of the visible remnants of his forces, the country and its people were in jubilation. There was a sense of relief, hope and promises of a better, democratic future.

But the initial optimism and jubilation soon gave way to tribal squabbles, sparring militia factions and persecution of former regime supporters. The country has made progress, but from the author’s experience of having seen it up close when Prime Minister Lawrence Gonzi paid a visit last year, it is going to take many years for Libya to reach its goals.

At the time, the scars in Misurata were still fresh, but the sense of gratitude and relief were palpable. Libyans really did want to create a new future for themselves.

What we pointed out at the time was that Libya’s biggest challenge was not going to be reconstruction, or disarmament or early elections. The real challenge is for Libya to build up an institutional framework. For 40 years, the country was ruled by a family dynasty – people who had to give the go-ahead for every single thing – from jobs to prison sentences and executions.

There was no concept of an autonomous police force, fair courts and judicial process, education structures or anything of the sort, and this is what Libya needs to build.

Its civil sector is staffed by servants of the former regime, and it must be this way. When the West tried to parachute democracy into Iraq, it failed miserably because the institutions were not operable in post-Saddam Iraq (oh, how quick we forget).

Mr Ban said Libya faces serious political and security challenges, with a resurgence of several local conflicts and increased instability in the east, as well as “huge challenges” in trying to secure the country’s borders, control a proliferation of weapons, promote national reconciliation and rebuild the justice system.

But Libya must also consolidate as a state. In the past, it was Tripolitania and Cyrenaica – then it was hammered together as Libya. Under Gaddafi, Benghazi to the east was terribly repressed and discriminated against. The rebellion began there, in the east, and it was only when fighters from Zintan and Misurata broke out, that Tripoli rose up. This has led to more tensions, as the seat of government is perceived to be firmly in Tripoli and for Tripoli. It has led Benghazi to declare a semi-autonomous status – and that is a problem for western Libya because the oil is in the east.

There are eight candidates for the key post of prime minister, which will be filled after a parliamentary vote tomorrow. One hopes that the person elected will have the ability to unite those around him and move Libya into the future.