CDA 2014 Committee Proposal on Chapter 1: The Form of State

 

Proposed Constitutional Articles

First Thematic committee for the Part

Form of State and Fundamental Components

 

Part (1)

Form of State and Fundamental Components

 

Chapter (1)

Fundamental Components   

Article (1)

 

Name, Form and Capital of State

Libya is a free, independent, unified and indivisible state. Its sovereignty may not be ceded, nor shall any party of its territory. It shall be named the State of Libya and the capital shall be the city of Tripoli.  

Article (2)

 

Borders of Libya 

The borders of the State of Libya shall be:

North: the Mediterranean

East: Egypt and Sudan

South: Sudan, Chad, Niger, and Algeria

West: Tunisia and Algeria  

Article (3)

 

National Flag   

The national flag shall be in accordance with the following shape and dimensions:

Its length shall be twice the width. It shall be divided into three parallel colours, on top of which is the red colour, followed by black and then green, provided that the area of black colour equals the total area of the other two colours and that it contains in the middle a white crescent with a white five-pointed star between its two ends.  

Article (4)

 

National Anthem 

The national anthem of the State shall be the Independence Anthem (“Ya Biladi”) that accompanied the 17 February Revolution. This shall be regulated by law. 

Article (5)

 

State Emblem

The emblem, medals, insignia and official holidays of the State shall be defined by law. 

Article (6)

 

Sovereignty

God alone is sovereign and sovereignty, by His will, is the nation’s trust. The nation is the source of powers that shall be exercised directly by referendum, or indirectly through constitutional institutions.   

Article (7)

 

Identity   

Libya is an Islamic state, part of the greater Arab Maghreb and part of Africa, and is built on collective and diverse components. It takes pride in all social and cultural components, including the Arabs, Amazighs, Tuareg, Tubu and others. It shall establish the means to ensure preserve such.  

Article (8)

 

Sources of Legislation 

  1. Islam shall be the religion of the State, and provisions of the Islamic Sharia shall be the source of all legislation. Any legislation in violation thereof may not be enacted. All legislation enacted in violation thereof shall be null and void.
  2. The State shall be committed to enact the necessary legislation to prevent the propagation and spread of beliefs contrary to the Islamic Sharia and practices contrary thereto.
  3. The State shall be committed to enacting legislation that criminalize aggression against Islamic holy places or offenses against God, the Holy Quran, Sunna, Prophets, the Prophet Mohammed (PBUH), the Mothers of the Believers [Wives of Prophet Mohammed (BPUH)] or the Prophet’s Companions (May God be pleased with them). 

(This Article may not be amended). 

Article (9)

 

Supremacy of Law 

Supremacy of law shall be the basis for governance in the State. This Constitution shall be the supreme law of the State and public authorities, institutions and natural and legal persons shall commit to being subject thereto. All enactments in violation of its provisions shall be null and void. 

Article (10)

 

Nationality   

  1. Whosoever obtains Libyan nationality in accordance with provisions of the Constitution of Libya issued on 07/10/1951 and laws enacted thereunder shall be Libyan national.
  2. Whosoever is born to a Libyan father or obtains the Libyan nationality subsequently under a law in force shall be a Libyan national.
  3. Libyan nationality may be combined with any other nationality. However, a Libyan holding another nationality or a naturalized citizen who has been naturalized for less than (10) years may not assume the following positions:
  • President of the State
  • Prime Minister, minister and deputy minister
  • Member of legislative and judicial authority
  • Governor and deputy governor of Libya Central Bank 
  • Representative of permanent diplomatic missions
  • Specialised and general command of Libyan Army Staff 
  • Director of intelligence service, investigations, passports, customs, public security and police.
  • High electoral commission, head and member of independent constitutional bodies.
  • The Head of the Civil Register
    • Any other position set forth by law.

Article (11)

 

Invalidation and Withdrawal of Nationality

Invalidation of Libyan nationality for any reason whatsoever shall be prohibited. It may be withdrawn within twenty years following naturalization. Cases of withdrawal shall be established by law.  

Article (12)

 

Naturalisation 

  1. The law regulating the granting of Libyan nationality shall take into account national interest considerations, maintenance of demographic structure regionally and nationally and ease of integration within Libyan society. 
  2. Among the conditions for granting nationality shall be renunciation of original nationality, legal entry and continuous legal residency for a period no less than 20 years, unless the applicant has unique and distinguished expertise at the regional and international level. The other requirements shall be defined by law.  

Article (13)

 

Citizenship   

Male and female citizens are equal before the law. They are equal in civil, political, economic, social and cultural rights as well as in duties and common duties in accordance with the provisions of the Constitution. 

Article (14)

 

Political Pluralism 

The political system shall be based on principles of political and partisan plurality; peaceful alternation of power; separation, balance and integration of powers, and exercise of power on the basis of good governance built on transparency, monitoring and accountability in accordance with the provisions of the Constitution.  

Article (15)

 

International Relations 

The relations of the State shall be based on the principle of good neighbourliness and non-interference in the internal affairs of other states and on the basis of shared interests, reciprocity and peaceful settlement of disputes. 

Article (16)

 

Foreign Policy

Foreign policy shall be based on the independence and sovereignty of the State, guarantee of national interests, development of cordial relations with other states and cooperation with regional and international organisations within the norms of international law. 

Article (17)

 

International Treaties and Agreements

The State shall commit itself to the international treaties and agreements which it ratifies, with emphasis on the principle of reciprocity. These shall be supra-legal and infra-constitutional, provided that they are not contrary to the Islamic Sharia. 

Article (18)

 

Political Asylum   

Extradition of political refugees to their country of origin or any other country they express unwillingness to go to shall be prohibited. The conditions and situations of political asylum shall be regulated by law. 

Article (19)

 

Chapter (2)

Economic Components 

Economy 

  1. The State shall work to establish a diversified national economy that achieves prosperity and well-being and raises living standards. It shall be based on standards of transparency, quality, and accountability and consumer protection.
  2. The State shall encourage the private sector to ensure competition and innovation to enable fulfilment of its social responsibility in serving the national economy.
  3. The State shall be keen to provide employment opportunities and prevent monopoly practices and corruption.  

Article (20)

 

Development 

The State shall ensure comprehensive, sustainable, balanced and spatial development based on development indicators and fair distribution in order to fulfil the basic needs of citizens and achieve social welfare. 

Article (21)

 

Investment

  1. The State shall encourage private, public and joint investment in order to fulfil society’s needs and ensure balance of comprehensive and spatial development, utilizing mechanisms that such a balance is reached. 
  2. The State shall encourage foreign investment while preventing foreign control of the national economy. Foreign investment contracts including usufruct of real estate may not exceed a period of thirty (30) years.
  3. Foreign investments contracts for natural wealth must be submitted to the legislative authority for endorsement. 
  4. Ownership of real estate by non-Libyan natural persons shall be regulated according to the principle of reciprocity. This shall be regulated by law.  

Article (22)

 

Agriculture, Industry and Tourism 

Agriculture, industry and tourism are considered fundamental components of the national economy. The State shall enact legislation and take the necessary measures for the support, encouragement, development and protection thereof.

Article (23)

 

Zakat

Zakat is essential to society. The State shall oversee its payment and spending on legal disbursements, in accordance with the provisions of Islamic Sharia.  

Article (24)

 

Natural Wealth 

Natural wealth belongs to the people, and the State shall exercise sovereignty over it in their name. The State shall work towards its exploitation, protection, development and investment ensuring the public interest, prosperity and fair benefit to all areas

Article (25)

 

Public Ownership 

Public funds and properties shall be inviolable and may not be seized. The State and society shall protect, maintain and develop them. Violation, aggression or disposal thereof contrary to the provisions of the Constitution and law shall be prohibited. This shall be considered a crime for which there shall be no statute of limitation

Article (26)

 

Environment

The protection, safety and development of the environment shall be an obligation on the State and all people residing therein. 

Article 27

 

Chapter (3)

Social and Cultural Components 

Language

The first proposal is submitted by the majority (except for members of components) stating the following:

Article (  )

Official Language

The Arabic language – the language of the Holy Quran -- shall be the official language of the State.

Article (   )

National Languages

Arabic, Amazighi, Tuaregi, Tubu, Hosa, Ghadamsi and other languages spoken by part of the Libyan people and considered part of its cultural and social legacy shall be national languages. The State shall commit to give attention to and teach them and shall work to ensure that all Libyans see these languages as part of their collective heritage.

The second proposal is submitted by the components and states the following:

Article (  )

  1. Arabic shall remain the official language of the State.

Tuareg, Tubu and Amazighi shall also be official languages, being a joint legacy for all Libyans. The official nature of Tuareg, Tubu and Amazighi languages shall be activated in stages and according to a mechanism defined under a regulating law in that regard to be approved during the first parliamentary session. The provisions of this law shall ensure integration of Tuareg, Tubu and Amazighi languages in the educational structure and other fields of public life to enable future fulfilment of their function as official languages

Article (28)

 

Family

  1. The family formed by legal marriage between a man and a woman is the component of society being based on religion, ethics and patriotism. Its care and protection from all that is contrary to Islam and public morals shall be guaranteed by the State to ensure its coherence and stability. The State shall encourage marriage and shall develop all possible means to facilitate it.
  2. The State shall ensure maternity and child care and shall also ensure harmonisation between women’s duties towards family and work.

The State shall ensure social welfare and education for children of unknown descent, ensuring their integration into societ

Article (29)

 

Children and Youth 

The State shall foster children and youth and shall provide the conditions necessary for development of their educational, scientific, psychological and innovative capacities and participation in building the State. It shall take the necessary measures to protect children and youth from all negative phenomena. 

Article (30)

 

Disabled People 

The State shall commit itself to safeguarding the rights of disabled people medically, socially, educationally, economically and recreationally, ensure their protection from any discrimination, provide suitable job opportunities, prepare public facilities and surrounding environment and all means and capabilities that ensure their full and effective integration into society. 

Article (31)

 

Martyrs, Missing, Injured and Victims of War

The State shall safeguard the rights of martyrs, missing people, injured and victims of war, as well as their wives, children and parents. It shall work to honour them in a manner consistent with their sacrifices for Libya. This shall be regulated by law

Article (32)

 

Social Justice

The State shall commit itself to the achievement of social justice and encouragement of social solidarity to ensure equal opportunities, prosperity, welfare and decent lives for all citizens

Article (33)

 

Education 

  1. Education is an essential to society. The State shall work to promote all levels of education throughout the country, and shall encompass an appropriate environment therefor. The State shall also ensure the inviolability of educational institutions, and independence of universities, higher learning institutes and scientific research centres.  
  2. The State shall support and ensure the freedom of scientific research to encourage creativity and innovation. It shall sponsor researchers and inventers and shall commit itself to allocating a gradually increasing 1% of the national income as defined by law in order to keep pace with global quality standards. 

Article (34)

 

Health 

  1. The State shall develop policies to upgrade the level of health services and combat and prevent epidemic diseases according to internationally accepted standards.
  2. The State shall commit itself to improving the situations of physicians, pharmacists, nurses and assistant medical staff.
  3. Refusal to provide various forms of treatment to any individual in cases of emergency or danger to life shall be prohibited.
  4. The State shall commit itself to allocate a percentage of national income for government expenditure on the health sector in order to sustain global quality standards, as determined by law.  

Article (35)

 

Housing

The State shall commit itself to developing plans and policies for the provision of appropriate housing that takes into account Libyan particularities in order to achieve balance between population growth rates and available resources, support personal initiatives and regulate utilisation of State territory for reconstruction purposes for the public interest.  

Article (36)

 

Social Welfare 

The State shall guarantee social welfare for citizens, mothers, children, youth and elderly people and in cases of disability, work injury, unemployment, orphanage, widowhood, etc. to ensure a decent life therefor. It shall also protect the rights of legal residents within the limits as regulated by law.

The State shall guarantee the rights of retirees to ensure proportionate pensions and retirement benefits for their peers in legal positions regardless of the date of referral to retirement. It shall commit itself to maintaining financial contributions and the development thereof for their benefit. 

Article (37)

 

Sports  
The State shall promote sports and shall work towards their development, support and improvement. It shall guarantee the independence of sports bodies and clubs and shall resolve sports disputes in accordance with international norms and conventions. This shall be regulated by law.

 

Sports

 The State shall promote sports and shall work towards their development, support and improvement. It shall guarantee the independence of sports bodies and clubs and shall resolve sports disputes in accordance with international norms and conventions. This shall be regulated by law.

Article (38)

 

Endowments 

Charitable endowments shall be inviolable. They shall only be disposed of by an authorisation from the competent court in the best interest of the endowment and within the limits permitted by the provisions of the Islamic Sharia.

The State shall oversee, run the affairs of, invest and monitor endowments to ensure development and ensure achievement of the goals and legal objectives thereof within the limits of the law.

Article (39)

 

Antiquities

 The State shall commit itself to protecting, preserving, protecting the areas of, exploring, maintaining and recovering appropriated monuments. The offering, violation, or trading of monuments shall be considered a crime for which there is no statute of limitations. 

In the event that a private property is deemed to be of a historical nature, the relation of owners with the State shall be regulated by a special law that guarantees their legal rights

Article ( )

 

First Thematic committee – Form of State and Fundamental Components

Transitional Provisions

Source of Legislation

The state shall issue the necessary legislation to amend all current laws and executive regulation that violate Article (8) of this constitution. This legislation shall be issued gradually as required by necessity as the legislator deems appropriate

Article ( )

 

Nationality

  1. Procedures granting Libyan nationality shall be suspended for a period of ten years starting from the date that this constitution enters into force.
  2. Notwithstanding Paragraph (1), all problems relating to Arab nationality, returning nationals, etc. shall be dealt with fairly five years after the law regulating nationality enters into force.
  3. Through its competent powers, the state shall review cases of Libyan nationality granted during the period from 1 December 1969 until this constitution enters into force, and shall withdraw nationality from those for whom it is proven that they obtained Libyan nationality in violation of the legislation in force or for political, security or military considerations for the interest of the former regime. They shall have the right to appeal before the competent judicial bodies.

Article ( )

 

Foreign Relations
No individual, group, party, association, syndicate, etc. may have relations or contact with any state or foreign body except if they provide prior notification to the competent state authorities.

Foreign

RelationsNo individual, group, party, association, syndicate, etc. may have relations or contact with any state or foreign body except if they provide prior notification to the competent state authorities.

Article ( )

 

Investment

The competent state bodies shall review investment contracts from the period from 1980 until the entry into force of this constitution that include a foreign element and that are suspected of involving financial or non-financial corruption. They shall take the necessary legal measures in their regard, and the effects of prescription shall not apply in such cases.

Article ( )

 

Political Pluralism

  1. All political parties shall be dissolved and all party formation procedures shall be suspended for five years from the entry into force of this constitution, during which time a law regulating parties shall be issued at the first parliamentary session.
  2. Parties may be reformed according to the law regulating such.

 

Mr Mohammed Abdel Rahman Berween

Chairman

Mr Etimad Omar al-Misallati

Member

Mrs Nadia Mohamed Moftah Amran

Member

Mr Mohamed al-Jilani al-Badawi

Member

Mr Ali Hamdani Aghali

Member

Mr Khaled Abu Bakr Wahli

Member

Mr al-Mabrouk Mohamed al-Zuway

Member

Mr Mohamed Mohamed Abdel Qader Habib

Member

Mr Salem Mohamed Keshlaf

Rapporteur

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