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The Constitutional Declaration is the current supreme law of
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya border, th ...

Libya
, introduced due to the overthrow of the
Gaddafi Muammar Muhammad Abu Minyar al-Gaddafi, Modern Standard . Due to the lack of standardization of transcribing written and regionally pronounced Arabic, Gaddafi's name has been Romanization, romanized in various ways. A 1986 column by ''The Stra ...
government in the
Libyan Civil War Libyans (ليبيون) and their population density, ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects of the Libya Libya (; ar, ليبيا, Lībīyā), officially the State of Lib ...

Libyan Civil War
. It was finalised on 3 August 2011 by the
National Transitional Council The National Transitional Council of Libya ( ar, المجلس الوطني الإنتقالي '), sometimes known as the Transitional National Council, was the ''de facto'' government of Libya for a period during and after the Libyan Civil War ...
, and is intended to remain in effect until a permanent constitution is written and ratified in a
referendum A referendum (plural: referendums or less commonly referenda) is a direct Direct may refer to: Mathematics * Directed set In mathematics Mathematics (from Ancient Greek, Greek: ) includes the study of such topics as quantity (number th ...
. The document was publicly announced at a press conference of 10 August by
Abdul Hafiz Ghoga Abdul Hafiz Ghoga (also known as Abdelhafed Abdelkader Ghoga, also spelled Ghogha; ar, عبد الحافظ غوقة) is a Libyan human rights in Libya, human rights lawyer who rose to prominence as the spokesman for the National Transitional Coun ...

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 specify civil rights and public freedoms. Articles 17–29 specify the operation of the interim government. Articles 30–32 guarantee an independent
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of court A court is any person or institution, often as a government A government i ...
. Articles 33–37 are "conclusive provisions". The
Constituent Assembly of Libya The Constituent Assembly of Libya or Constitution Drafting Assembly is the chamber responsible for writing a new constitution for Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiy ...
was elected in 2014. It prepared the
2017 draft Libyan constitution The 2017 draft Libyan constitution is a draft of a constitution for Libya prepared by the Constituent Assembly of Libya, Constitution Drafting Assembly of 60 people elected from around Libya in the 2014 Libyan Constitutional Assembly election. St ...
which it approved by a two-thirds majority in July 2017.


Declaration of statehood and basic rights

Article 1 of the Constitutional Declaration describes the Libyan state as follows: *it is a
democracy Democracy ( gr, δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to cho ...

democracy
, wherein the people act as the source of political authorities *
Tripoli Tripoli (; ar, طرابلس, ; ber, ⵜⵔⵢⴱⵓⵍⵙ) is the capital Capital most commonly refers to: * Capital letter Letter case (or just case) is the distinction between the letters that are in larger uppercase or capitals ...

Tripoli
is the State capital *
Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission o God Oh God may refer to: * An exclamation; similar to "oh no", "oh yes", "oh my", "aw goodness", "ah gosh", "ah gawd"; see interjection An interjection is a word or ex ...
is the
State religion A state religion (also called an established religion or official religion) is a religion Religion is a social Social organisms, including humans, live collectively in interacting populations. This interaction is considered social whethe ...
*The Islamic
Sharia Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong action ...
is its principal source of legislation *the State grants the right of freedom of religion for non-Muslim minorities *Arabic is the official language *The State protects the linguistic and cultural rights of ethnic groups in Libya, all components of Libyan society 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.


Provisions for the transitional phase

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 the Libyan General National Congress election, 2012, General National Congress election by a month, and the target for appointing a Constituent Assembly was missed due to political wrangling over the post of List of heads of government of Libya, Prime Minister. 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.


Further constitutional steps

The
Constituent Assembly of Libya The Constituent Assembly of Libya or Constitution Drafting Assembly is the chamber responsible for writing a new constitution for Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiy ...
of 20 members from each of Tripolitania, Cyrenaica and Fezzan 2014 Libyan Constitutional Assembly election, was elected in February 2014. The election was organised by the High National Election Commission (HNEC). In July 2017, the assembly finalised the
2017 draft Libyan constitution The 2017 draft Libyan constitution is a draft of a constitution for Libya prepared by the Constituent Assembly of Libya, Constitution Drafting Assembly of 60 people elected from around Libya in the 2014 Libyan Constitutional Assembly election. St ...
.


References


External links


PDF file published by the NTC in the High National Election Commission websiteOld unofficial English translationNewer version of the English translation
{{Authority control Government of Libya Provisional constitutions Constitutions of Libya The Libyan Constitutional Union