Constitutional Amendment No. (1) of 2012 on the amendment of Article (30) of the Constitutional Declaration

Constitutional Amendment No. (1) of 2012

on the amendment of Article (30) of the Constitutional Declaration

National Transitional Council:

Upon review of the Constitutional Declaration issued on 03 Ramadan 1432 AH corresponding to 03/08/2011 AD, Article (30) of the Constitutional Declaration shall be amended as follows:

– The interim National Transitional Council shall be fully established as per Article (18) of the present Declaration and shall remain the highest governing authority in the Libyan state and responsible for administration of the country until the election of the General National Congress.

– After the Liberation Declaration, the interim National Transitional Council shall relocate to its headquarters in Tripoli to form a transitional government within thirty days. The Council shall, within a maximum period of ninety days from the Liberation Declaration:

1- Issue an election law for the General National Congress.

2- Appoint the High National Elections Commission.

3- Call for the election of the General National Congress.

– The General National Congress shall be elected within two hundred and forty days of the Liberation Declaration.

– The General National Congress shall be composed of two hundred members elected by the entire Libyan people, in accordance with the General National Congress election law.

– The National Transitional Council shall be dissolved at the first session of the GNC, with all its powers transferred to the General National Congress. The oldest member shall preside over the session, while the youngest shall serve as rapporteur. During the said session, the president of the General National Congress and his two deputies shall be elected by direct secret ballot. The transitional government shall continue to exercise its functions until an interim government is formed. In all cases, all General National Congress decisions require a two-thirds majority.

– Within thirty days of its first session, the General National Congress shall:

1- Appoint a Prime Minister who shall in turn nominate the members of his Cabinet, provided that all such members are granted confidence by the General National Congress before starting their function as an interim government. The GNC shall also appoint the heads of sovereign functions.

2- Select a constituent assembly of non-GNC members, called the Constitutional Drafting Assembly. The Assembly shall be composed of sixty members after the model of the Committee of Sixty, which was established to draft the constitution of Libya’s independence in 1951. In all cases, Constituent Assembly decisions require a majority of two-thirds of members plus one. The drafting and adoption of the constitution shall be concluded within one hundred and twenty days of the Assembly’s first session.

– The draft constitution shall be submitted to a yes-or-no referendum, to be held within thirty days of the approval thereof. If the Libyan people approve the draft constitution with a two-thirds vote, the Assembly shall ratify it as the country’s Constitution, which then shall be referred to the General National Congress for issuance. In the event that the draft constitution is not approved, the Assembly shall re-draft and submit the same for referendum within a period of thirty days as of the date of the first referendum results.

– The General National Congress shall promulgate the general election law in accordance with the Constitution within a period of thirty days.

– General elections shall be held within one hundred and eighty days from the date of issuance of the regulating laws thereof. The GNC and the interim government shall oversee the preparation of all the electoral process requirements in a transparent, democratic manner.

– The High National Elections Commission (re-constituted by the GNC) shall conduct the general elections under the supervision of the national judicial system and monitored by the United Nations and regional and international organizations.

– The High National Elections Commission shall endorse and announce the elections results. The legislature shall be called to convene within a maximum period of thirty days as of the date of the GNC’s endorsement. At the first session thereof, the GNC shall be dissolved and the functions thereof shall be assumed by the legislature.

Issued in Tripoli on 20/Rabi al-Thani/1433 AH, corresponding to 13/03/2012 AD

Interim National Transitional Council-

Libya