Libya Constitution – Chapter Eleven

Libya Constitution – Chapter Eleven

August 13, 2017 - 10:25
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Written by: SafaAlharathy

This is chapter eleven of the Libyan constitution that was approved by the Constituent Assembly on July 29

Chapter Eleven

Transitional Measures

Article 181: Transitional Justice Measures

1- The State is committed to applying transitional justice measures and promulgates a law regulating truth-seeking, reparation, accountability, accountancy and examination of institutions.

2- A body for transitional justice and reconciliation shall be established for the implementation of the programs of transitional justice. The law shall regulate its structure and the duration of its work. Programs on truth, justice and reconciliation shall be designed in accordance with the rules of effectiveness and comprehensiveness and to represent the components of the Libyan people in a way that guarantees impartiality, independence and efficiency.

Article 182: Reconstruction

The State shall give priority to projects of reconstruction of cities and villages ravaged by military operations and armed conflicts, according to the urgency of the obligations, taking into account the demands of development across the country. The State shall enact the necessary mechanisms for this.

Article 183: Transitional Measure to Elect the Shura Council and the President of the Republic

1- Elections for the first President of the Republic, the House of Representatives and the Senate shall be conducted at the same time within 240  days from the date, electoral laws enter into force.

2- The existing legislative authority shall issue, as soon as the Constitution enters into force, laws regulating the Presidential, Senate and House of Representative elections. This authority shall also restructure the High National Elections Commission. All this shall be within 90 days after the Constitution enters into force.

3- In case it is not possible to elect the First President of the Republic, the most senior advisor in the Supreme Court, outside the members of the Constitutional Chamber, shall assume temporarily the position of the President for a maximum term of one year. The case of inability to elect the President shall be realized through a decision issued by the High National Elections Commission and shall be effective upon approval by the Constitutional Chamber of the Supreme Court. Upon assuming the position, the interim President of the Republic shall be deemed resigned from all his other duties and he shall not be entitled to run for presidential elections for 15 years.

4- The interim President of the Republic and his government shall assume the powers stipulated in this Constitution within the necessary minimum requirements to manage the operation of public facilities.

The interim President, in all cases, shall not be allowed to exercise any of the following powers:

- Call for referendum.

- Propose draft laws.

- Grant decorations and medal.

Also, the interim President shall not be entitled to issue special amnesty or conclude conventions and agreements according to the Constitution or issue decrees with the force of law or dissolve the legislative authority.

Article 184: Prohibition of Provisional Extension for the President of the Republic

The term for the President of the Republic for the first and second electoral cycles shall be one non-renewable term.

Article 185: Special Provision for Women

Any electoral system shall guarantee a quota for women of no less than twenty-five percent of the total seats in the House of Representatives and Local Councils for two electrical cycles, taking into consideration the right to run in general elections.

Article 186: On Nationality

1- Procedures of naturalization shall be suspended for 10 years from the day on which the Constitution enters into force.

2- The State shall be committed to decide on applications of naturalization submitted before 17 February 2011 according law in force prior to this Constitution. The State shall also be committed to classify the status of persons holding Arab nationality in terms of original and acquired citizenship.

3- Upon entry of this constitution into force, the registry system for persons of Libyan descent, which is applicable in Libyan embassies, shall be suspended.

4- The Higher Judicial Council shall form a judicial committee under the chairmanship of an advisor from the Court of Appeals, whereby all guarantees of independence and impartiality are ensured. This committee shall review all cases of granting nationality issued as of 15 February 2011. The decisions of the committee shall be subject to challenge before the competent judicial authorities.

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