Libyan interim Constitutional Declaration
Encyclopedia
Libya
's National Transitional Council
on 3 August 2011 passed a "Constitutional Declaration". The document was publicly announced at a press conference of 10 August by Abdul Hafiz Ghoga
, Vice President and official spokesman of the NTC .
The document consists of 37 articles in five sections. Articles 1–6 state general provisions regarding Libya as a state. Articles 7–15 specifiy civil rights and public freedoms. Articles 17–29 specify the operation of the interim government. Articles 30–32 guarantee an independent judiciary
. Articles 33–37 are "conclusive provisions".
Article 3 defines the flag of Libya
.
Article 4 declares the aim of establishing a democratic state based on a multi-party system
.
Article 6 describes the principle of rule 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 upholding women's rights
, granting full participation of women in politics, economy and the social sphere.
Article 7 guarantees basic freedoms and human rights
, described in greater detail in articles 8–15.
The scheduled implementation of Sharia law has the potential, if not done properly, to alarm Libya's Western supporters, since many nations with such systems of law (Saudi Arabia, and even moreso the Taliban in Afghanistan) have a record of discrimination or violence toward women, certain minorities, and those- even Christians and Jews, who are dhimmi
, or "People of the Book"- who do not practice the Islamic faith (as the law sets out). However, the transitional government has not yet decided how it is to be implemented, and so the situation is not finalized.
This schedule is in agreement with the ideal scenario for the transition to a democratic state envisaged by Libya's western allies and the UN, and the draft seems to have been influenced by planning advice from the UN, the UK and the US.
Article 29, repeated as article 33, contains the provision that no member of the Transitional National 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.
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
's National Transitional Council
National Transitional Council
The National Transitional Council of Libya , sometimes known as the Transitional National Council, the Interim National Council, or the Libyan National Council,...
on 3 August 2011 passed a "Constitutional Declaration". The document was publicly announced at a press conference of 10 August by Abdul Hafiz Ghoga
Abdul Hafiz Ghoga
Abdul Hafiz Ghoga is a Libyan human rights lawyer, who rose to prominence as the spokesman for the National Transitional Council, a body formed in Benghazi during the 2011 Libyan civil war...
, Vice President and official spokesman of the NTC .
The document consists of 37 articles in five sections. Articles 1–6 state general provisions regarding Libya as a state. Articles 7–15 specifiy civil rights and public freedoms. Articles 17–29 specify the operation of the interim government. Articles 30–32 guarantee an independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. Articles 33–37 are "conclusive provisions".
Declaration of statehood and basic rights
Article 1 of the Constitutional Declaration describes the Libyan state as follows:- it is a democracyDemocracyDemocracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, wherein the people (الشعب) act as the source of political authorities (سلطات) - TripoliTripoliTripoli is the capital and largest city in Libya. It is also known as Western Tripoli , to distinguish it from Tripoli, Lebanon. It is affectionately called The Mermaid of the Mediterranean , describing its turquoise waters and its whitewashed buildings. Tripoli is a Greek name that means "Three...
is the state capital - IslamIslamIslam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is the state religionState religionA state religion is a religious body or creed officially endorsed by the state...
( دينها "its [viz. Libya's] religion") - The Islamic ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(الشريعة الإسلامية) is its principal source of legislation (المصدر الرئيس للتشريع) - the state grants the right of freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
for non-Muslim minorities - Arabic is the official language
- The state protects the linguistic and cultural rights of all components of Libyan society
Article 3 defines the flag of Libya
Flag of Libya
The Libyan Independence Flag or Flag of Libya was the original flag of the Kingdom of Libya introduced in 1951 following the creation of the Libyan state in the post World War II period...
.
Article 4 declares the aim of establishing a democratic state based on a multi-party system
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
.
Article 6 describes the principle of rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
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 upholding women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
, granting full participation of women in politics, economy and the social sphere.
Article 7 guarantees basic freedoms and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, described in greater detail in articles 8–15.
The scheduled implementation of Sharia law has the potential, if not done properly, to alarm Libya's Western supporters, since many nations with such systems of law (Saudi Arabia, and even moreso the Taliban in Afghanistan) have a record of discrimination or violence toward women, certain minorities, and those- even Christians and Jews, who are dhimmi
Dhimmi
A , is a non-Muslim subject of a state governed in accordance with sharia law. Linguistically, the word means "one whose responsibility has been taken". This has to be understood in the context of the definition of state in Islam...
, or "People of the Book"- who do not practice the Islamic faith (as the law sets out). However, the transitional government has not yet decided how it is to be implemented, and so the situation is not finalized.
Provisions for the transitional phase
The document is intended to serve as an interim constitution of Libya for a period of 10 months: the National Transitional Council expects to remain in power for the eight months from August 2011 to April 2012, and after general elections, the new General Assembly is expected to act under the provisional constitution for another twelve months, until April 2013.This schedule is in agreement with the ideal scenario for the transition to a democratic state envisaged by Libya's western allies and the UN, and the draft seems to have been influenced by planning advice from the UN, the UK and the US.
Article 29, repeated as article 33, contains the provision that no member of the Transitional National 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.