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The Constitutional Declaration is the current supreme law of Libya, 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, and is intended to remain in effect until a permanent constitution is written and ratified in a referendum. The document was publicly announced at a press conference of 10 August by Abdul 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 independent judiciary. Articles 33–37 are "conclusive provisions".
The Constituent Assembly of Libya was elected in 2014. [2] It prepared the 2017 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 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. [ 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 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. [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 and Fezzan) for the upcoming referendum on the 2017 draft constitution by the Constituent Assembly. It was adopted by the House 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, the High Council of State rejected the amendment by a vote of 51 out of 60 on 24 February. [9]
In March 2023, both the House of Representatives 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. [10] [11]
The Constituent Assembly of Libya of 20 members from each of Tripolitania, Cyrenaica and Fezzan was elected in February 2014. [12] [13] The election was organised by the High National Election Commission (HNEC). [2] In July 2017, the assembly finalised the 2017 draft Libyan constitution. [3]
Libya's history involves its rich mix of ethnic groups, including the indigenous Berbers/Amazigh people. Amazigh have been present throughout the entire history of the country. For most of its history, Libya has been subjected to varying degrees of foreign control, from Europe, Asia, and Africa.
A constituent assembly is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected by popular vote, drawn by sortition, appointed, or some combination of these methods. Assemblies are typically considered distinct from a regular legislature, although members of the legislature may compose a significant number or all of its members. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures in some jurisdictions; instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy.
The national flag of Libya was originally introduced in 1951, following the creation of the Kingdom of Libya. It was designed by Omar Faiek Shennib and approved by King Idris Al Senussi who comprised the UN delegation representing the three regions of Cyrenaica, Fezzan, and Tripolitania at UN unification discussions.
The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers (chavistas) refer to the 1999 document as the "Constitución Bolivariana" because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism.
On 7 July 2012, the National Transitional Council, in power since the Libyan Civil War, supervised democratic elections for a 200-member General National Congress to replace the Council. The assembly was to choose a prime minister and organize parliamentary elections in 2013. A process to write a constitution was also to be determined. Unrest driven by armed militias, ethnic minority and radical groups undermined the process and the government for the years following the overthrowing of Muammar Gaddafi. While internal apathy towards democratic reforms slowed the process, external bodies such as the European Union were still pressing for the establishment of a national dialogue to build consensus for the drafting of a new constitution to take place before the end of 2014. Parliamentary elections were scheduled to be held on 25 June 2014 in a move aimed at stabilizing the country and quelling the unrest.
The Constitution of the Arab Republic of Egypt was the former constitution of Egypt. It was adopted on 11 September 1971 through a public referendum. It was later amended in 1980, 2005, and 2007. It was proclaimed to update the democratic representative system in assertion of the rule of law, independence of the judiciary, and party plurality. On 13 February 2011, the Constitution was suspended following the resignation of President Hosni Mubarak as a result of the 2011 Egyptian Revolution. On 30 March 2011, it was "effectively voided" after a new provisional constitution was passed by the country's ruling Supreme Council of the Armed Forces. It has since been superseded by the Egyptian Constitution of 2012 and the current Egyptian Constitution of 2014.
Since 2011, Libya currently does not have an official national emblem. The Constitutional Declaration issued by the National Transitional Council on August 2011 defines the flag of Libya, but does not make any provisions for a coat of arms.
Subdivisions of Libya have varied significantly over the last two centuries. Initially Libya under Ottoman and Italian control was organized into three to four provinces, then into three governorates (muhafazah) and after World War II into twenty-five districts (baladiyah). Successively into thirty-two districts (shabiyat) with three administrative regions, and then into twenty-two districts (shabiyat). In 2012 the ruling General National Congress divided the country into governorates (muhafazat) and districts (baladiyat). While the districts have been created, the governorates have not.
The Kingdom of Libya, known as the United Kingdom of Libya from 1951 to 1963, was a constitutional monarchy in North Africa that came into existence upon independence on 24 December 1951 and lasted until a bloodless coup d'état on 1 September 1969. The coup, led by Muammar Gaddafi, overthrew King Idris and established the Libyan Arab Republic.
A constitutional referendum was held in Egypt on 19 March 2011, following the 2011 Egyptian revolution. More than 14 million (77%) were in favour, while around 4 million (23%) opposed the changes; 41% of 45 million eligible voters turned out to vote.
The 1951 Libyan Constitution was brought into force on October 7, 1951, prior to Libya's formal declaration of its independence on December 24, 1951 as a constitutional and hereditary monarchy under the rulership of King Idris. The enactment of the Libyan Constitution was significant in that it was the first and only piece of legislation that formally entrenched the rights of Libyan citizens after the post-war creation of the Libyan nation state.
The Constitutional Declaration of 2011 was a measure adopted by the Supreme Council of the Armed Forces of Egypt on 30 March 2011. The declaration was intended to serve as the fundamental law of the country pending the enactment of a permanent constitution, following the resignation of President Hosni Mubarak on 11 February.
The Allied administration of Libya was the control of the ex-colony of Italian Libya by the Allies from 13 May 1943 until Libyan independence was granted in 1951. It was divided into two parts:
Parliamentary elections were held in Libya on 25 June 2014 for the House of Representatives. Whilst all candidates ran as independents, the elections saw nationalist and liberal factions win the majority of seats, with Islamist groups being reduced to only around 30 seats. Election turnout was very low at 18%.
Elections for a General National Congress (GNC) were held in Libya on 7 July 2012, having been postponed from 19 June. They were the first elections since the overthrow and death of longtime ruler Muammar Gaddafi a year earlier, the first free national elections since 1952, and only the second free national elections since Libya gained independence in 1951.
A constitutional referendum is to be held in Libya after the country's new constitution has been drawn up by a constituent assembly. The expected date for the publication of the constitution was December 2014, but this was delayed because of the ongoing conflict in the country. A General National Congress was elected in July 2012, originally charged with organising constituent assembly elections; however, the National Transitional Council decided that Libyans will instead directly elect the constituent assembly. The General National Congress came to agreement on 10 April 2013 that constituent assembly members will be elected.
Constitutional Assembly elections took place in Libya on 20 February 2014. Nominations for elections to the constituent assembly started on 6 October 2013; registration for candidates to the assembly was over as of 11 November 2013. The assembly will be composed of 20 members each from Libya's three regions: Tripolitania, Cyrenaica and Fezzan. The work of the committee is expected to last from March 2014 until July 2014. The constitutional declaration submitted in August 2011 by the formerly ruling National Transitional Council indicated that Congress itself would appoint the commission; however the General National Congress (GNC) voted instead to hold an election for the selection of individuals to the constitutional commission. The constitutional commission will draw up the constitution, which will then be up for vote in a referendum. As of early January 2014, 1,001,910 voters had registered via SMS.
The Libyan presidential election had originally been planned for 10 December 2018, but was delayed due to Khalifa Haftar's Western Libya campaign. The election was thereafter scheduled to be held on 24 December 2021 but was indefinitely postponed after the head of the High National Election Commission (HNEC) ordered the dissolution of the electoral committees nationwide.
The 2017 draft Libyan constitution is a draft of a constitution for Libya prepared by the Constitution Drafting Assembly of 60 people elected from around Libya in the 2014 Libyan Constitutional Assembly election.
The High National Election Commission is a body created in Libya for organising elections following the 2011 Libyan Civil War, starting in 2012.