The Constitutional Declaration is the current supreme law of

Libya Libya, officially the State of Libya, is a country in the Maghreb region of North Africa. It borders the Mediterranean Sea to the north, Egypt to Egypt–Libya border, the east, Sudan to Libya–Sudan border, the southeast, Chad to Chad–L ...

, introduced due to the overthrow of the Gaddafi government in the Libyan Civil War. It was finalised on 3 August 2011 by the

National Transitional Council The National Transitional Council (NTC) was a transitional government established in the 2011 Libyan civil war. After rebel forces overthrew the Libyan Arab Jamahiriya of Muammar Gaddafi in August 2011, the NTC governed Libya for a further ...

, and is intended to remain in effect until a permanent constitution is written and ratified in a

referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...

. 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 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 courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. Articles 33–37 are "conclusive provisions". The Constituent Assembly of Libya was elected in 2014. It prepared the 2017 draft Libyan constitution 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 (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...

, wherein the people act as the source of political authorities * Tripoli is the State capital *

Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...

is the State religion *The Islamic

Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...

is its principal source of legislation *the State grants the right of

freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

for non-Muslim minorities *

Arabic Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...

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. Article 4 declares the aim of establishing a democratic State based on a

multi-party system In political science, a multi-party system is a political system where more than two meaningfully-distinct political parties regularly run for office and win elections. Multi-party systems tend to be more common in countries using proportional ...

. Article 6 describes the principle of

rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

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 are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...

, 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 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

Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...

. 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.

Amendments

As of October 2023, there are 13 amendments to the Libyan interim Constitutional Declaration. The tenth amendment divided the country into three voting districts (

Tripolitania Tripolitania (), historically known as the Tripoli region, is a historic region and former province of Libya. The region had been settled since antiquity, first coming to prominence as part of the Carthaginian empire. Following the defeat ...

Cyrenaica Cyrenaica ( ) or Kyrenaika (, , after the city of Cyrene), is the eastern region of Libya. Cyrenaica includes all of the eastern part of Libya between the 16th and 25th meridians east, including the Kufra District. The coastal region, als ...

and

Fezzan Fezzan ( , ; ; ; ) is the southwestern region of modern Libya. It is largely desert, but broken by mountains, uplands, and dry river valleys (wadis) in the north, where oases enable ancient towns and villages to survive deep in the otherwise in ...

) for the upcoming referendum on the 2017 draft constitution by the

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

. It was adopted by the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

on 26 November 2018. 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. However, the High Council of State rejected the amendment by a vote of 51 out of 60 on 24 February. In March 2023, both the

and the High 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.

Further constitutional steps

The Constituent Assembly of Libya of 20 members from each of

and

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.

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