 |
|---|
|
Executive |
Legislature
|
Judiciary
|
|
 Libya portal |
TheConstitutional Declaration is the current supreme law ofLibya, introduced due to the overthrow of theGaddafi government in theLibyan Civil War. It was finalised on 3 August 2011 by theNational Transitional Council, and is intended to remain in effect until a permanent constitution is written and ratified in areferendum. The document was publicly announced at a press conference of 10 August byAbdul Hafiz Ghoga, Vice President and official spokesman of the NTC.[1]
The document consists of 37 articles in five sections. Articles 1–6 state general provisions regarding Libya as a state. Articles 7–15 specify civil rights and public freedoms. Articles 17–29 specify the operation of the interim government. Articles 30–32 guarantee an independentjudiciary. Articles 33–37 are "conclusive provisions".
TheConstituent Assembly of Libya waselected in 2014.[2] It prepared the2017 draft Libyan constitution which it approved by a two-thirds majority in July 2017.[3]
Article 1 of the Constitutional Declaration describes the Libyan state as follows:[4]
Article 3 defines theflag of Libya.Article 4 declares the aim of establishing a democratic State based on amulti-party system.Article 6 describes the principle ofrule of law taking precedence over tribal or personal loyalties, and the principle of non-discrimination and equal rights of all citizens regardless of religion, ethnicity or social status, and the guarantee of the state upholdingwomen's rights, granting full participation of women in politics, economy and the social sphere.[dubious –discuss]
Article 30 of the document lays out a process for the drafting of a permanent constitution, with time limits for each section meaning that one should be in place by around December 2013 at the latest. The process has however been subject to several delays such as the postponement of theGeneral National Congress election by a month, and the target for appointing a Constituent Assembly was missed due to political wrangling over the post ofPrime Minister.[5][6]
Article 29, repeated as article 33, contains the provision that no member of the National Transitional Council may nominate a candidate or themselves assume the position of President of the state, of a member of the legislative council, or of a ministerial portfolio.
As of October 2023, there are 13 amendments to the Libyan interim Constitutional Declaration.[7]
The tenth amendment divided the country into three voting districts (Tripolitania,Cyrenaica andFezzan) for theupcoming referendum on the2017 draft constitution by theConstituent Assembly. It was adopted by theHouse of Representatives on 26 November 2018.[8]
The twelfth amendment created a 24-member committee divided equally among Libya's three historic regions to draft a new constitution, replacing the 2017 draft constitution. It was approved by the House of Representatives on 10 February 2022 after 126 out of "more than" 147 members present voted for the amendment.[7] However, theHigh Council of State rejected the amendment by a vote of 51 out of 60 on 24 February.[9]
In March 2023, both theHouse of Representatives and theHigh Council of State passed the thirteenth amendment containing thirty-four articles defining a new system of government and the tasks of the elected president and prime minister.[10][11]
TheConstituent Assembly of Libya of 20 members from each ofTripolitania,Cyrenaica andFezzanwas elected in February 2014.[12][13] The election was organised by theHigh National Election Commission (HNEC).[2] In July 2017, the assembly finalised the2017 draft Libyan constitution.[3]
