Libya Constitution – Chapter One

Libya Constitution – Chapter One

August 01, 2017 - 09:36
Posted in:
Written By: SafaAlharathy

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

Chapter One
Form and Fundamental Pillars of the State

 

Article 1: Name and Form of the State

Libya is a free, independent, and indivisible state. It shall not be permissible to relinquish any part of its sovereignty nor its territory. It shall henceforth be called the Libyan Republic.

Article 2: Identity and Language

The Libyan Identity shall be based on inclusive and diversified principles; Libyans are proud of their social, cultural, and linguistic elements and Libya shall be considered part of the Arab and Muslim World, Africa, and the Mediterranean Basin.

The Languages spoken by the Libyans or part of them, including Arabic, Amazigh, Tuareg and Tubo are considered a cultural and linguistic heritage as well as a common asset for all Libyans. The State shall guarantee taking the necessary measures to protect them, preserve their originality and develop their teaching to and usage by those who speak them.

Arabic is the language of the State. The law shall regulate in the first parliamentary term the details of integrating the other languages in the areas of public life on the local level and the State level.

Article 3: Capital

The Capital of the Libyan Republic shall be Tripoli.

Article 4: Borders of the State

Borders of the Libyan Republic are: North: The Mediterranean. South: Sudan, Chad, and Niger and Algeria. East: Egypt and Sudan. West: Tunisia and Algeria.

Article 5: State flag, anthem, emblem and official holidays.

A law passed by a two-thirds majority of the members of the Parliament shall determine the flag, anthem, emblems and official holidays of the State.

Article 6: Source of Legislation

Islam shall be the religion of the State, and Islamic Sharia shall be the source of legislation.

Article 7: Citizenship

Male and female citizens shall be equal in and before the law. There shall be no discrimination between them and all forms of discrimination for any reason such as ethnicity, colour, language, sex, birth, political opinion, disability, origin or geographical affiliation shall be prohibited in accordance with the provisions of this constitution.

Article 8: Political System

The  political  system  shall  be  based  on  the  principles  of  political  pluralism,  peaceful transfer of power, separation of powers, as well as balance of and oversight between powers based on good governance predicated on transparency, monitoring , and accountability.

Article 9: Defending the State

Defending the State as well as its unity and independence shall be the duty of each male and female citizen.

Article 10: Nationality

The provisions of nationality and the acquisition and withdrawal of the Libyan nationality shall be governed by a law that takes into account the national interest, maintaining of demographic composition, and the ease of integration in Libyan society.

Article 11: International Relations

Relations of the State shall be based on the principle of good neighborliness, noninterference in the internal affairs of other states, common interests, and resolution of disputes through peaceful means.

Article 12: Foreign policy

Foreign  policy  shall  be  based  on  the  principle  of  independence  and  sovereignty  of  the  state, ensuring its national interests, developing cordial relations with other states, and cooperating with  regional and international organizations within the framework of international law.

Article 13: International Treaties and Conventions

The international treaties and conventions that the State ratifies shall be superior to the law and inferior to the Constitution.  The  State  shall take the  necessary  measures  to  enforce  them  in  a  manner that does not conflict with the provisions of this Constitution.

Article 14: Political Asylum

The State shall guarantee political asylum. It shall be prohibited to handover political refugees except to international judiciary. Its conditions and circumstances shall be regulated by law.

Article 15: Foundations of the Economy

The State shall work to create a diverse economy that achieves welfare and prosperity, raises the standard  of  living,  and  is  based  on  diverse  sources  and  standards  of  transparency,  quality, accountability,  balance  between  economic  efficiency  and  social  justice,  competitiveness,  and protecting the rights of consumers and producers. The State shall support and stimulate the private sector.

Article 16: Equal Opportunity

Equal opportunities are guaranteed to citizens. The State shall endeavour to take measures to achieve this.

Article 17: Assuming Public Posts

Assuming public posts among all Libyans shall be based on the criteria of merit and eligibility. The  law  shall  determine  the  salaries  of  employees  based  on  the controls  of efficiency, responsibility, functional hierarchy, and needs for decent life.

Article 18: Environment

The protection and safety of environment shall be the commitment of the State, all its residents, and persons crossing its territory. The State shall the necessary measures to develop and maintain its elements and components against pollution, to preserve natural biodiversity, and to exploit its natural resources in a balanced and safe manner. It shall ensure compensation of damages by those who are responsible for them. An environmental sanitation fund shall be established and regulated by Law.

Article 19: Agriculture, Industry, and Tourism

Agriculture,  industry,  and  tourism  shall  be  considered  among  the  key  pillars  of  the  national economy. The State shall work towards enacting legislations and taking the necessary measures to support, promote, develop, and protect them.

Article 20: Public Money

Public money shall be safe guarded. It shall not be permissible to seize them, and the State must protect, develop, and safe guard them. It shall be prohibited to encroach on public moneys or dispose of them in contravention of the provisions of the Constitution and the law. The State shall guarantee the recovery of public moneys and shall seek compensation for destroying or harming them. The statute of limitation s shall not apply to crimes involving public funds. It shall not be permissible to pardon these crimes.

Article 21: Management of Public Facilities

Public facilities shall  be  established  and  managed  in  accordance  with  the  standards  of  good governance  and  respect  for  human  rights. They shall guarantee  the right  of  beneficiaries in receiving their services, regularly,  steadily  and  in  an  equal  manner, in having their  affairs  dealt with fairly, and in submitting their petitions and complaints and  receiving a reply to them. They shall commit to justifying their decisions, simplifying their procedures, and conducting periodical evaluation of their performance in accordance with what the law specifies.

Article 22: Social Justice and development

The State shall undertake the rehabilitation of villages and cities based on the requirements of social justice, sustainable and balanced development and its indicators, as well as the prudent exploitation of wealth. It shall also guarantee the fair distribution of projects, interests, public companies and services between cities in a manner that ensures distribution of work opportunities as well as encouragement of investment and appropriate activities therein. All of this shall also be in a manner that ensures the removal of the developmental imbalance.

Article 23: Combating Corruption

The  State  shall take the  necessary  measures  to  combat  administrative  and  financial  corruption. Any person who is sentenced in a corruption related misdemeanor or felony shall be prohibited from assuming posts in cases specified by the law.

Article 24: Taxes

Imposition, exemption, an amendment of a tax shall only be through a law. When imposing it, the interest of society and the achievement of social justice shall be taken into consideration.

Article 25: Charity (Zakat)

The State shall oversee the collection and disbursement of Zakat in its sharia [abiding] banks. It shell not be permissible to mix it with public revenues.

Article 26: Religious Endowments (Awqaf)

The religious endowments (Awqaf) shall enjoy its sanctity and shall not be mixed with State funds. It may not be disposed of except with the permission of the responsible court and in a manner that achieves the interest of the endowment and to the extent possible under the Islamic Sharia.

A special body to administer, manage, and oversee the endowments shall be established by law in a  manner  that  ensures its  development  and  the  achievement  of  its  goals  and sharia[legitimate]  purposes within the limits of the law.

Article 27: Family

The family that is established on sharia based marriage between a man and a woman shall be the foundation of society.  It shall be founded on religion, ethics, complementary roles between its members, as well as on affection, and mercy. The State shall ensure its protection, and shall sponsor and encourage marriage, protect motherhood and childhood.

Article 28: Adolescents and Youth

The State shall prepare the appropriate environment to develop adolescents and youth, provide ways to increase their capacities, and support their effectiveness in national life. The State shall open  up  opportunities  for  them  to  work,  participate  in  development,  and  benefit  from  various sciences and human cultures as well as enable them to participate in political, social, and economic life with a spirit of citizenship and responsibility.

Article 29: Protection of Antiquities and Manuscripts

 The  State  shall  be  committed  to  the  protection,  sponsoring,  rehabilitation,  and  excavation  of antiquities, cities, and historical regions. It shall be prohibited to abuse, traffic, or present them as gifts. The State shall do what is necessary to recover any antiquities that have been seized. The statute of limitations shall not apply to crimes against antiquities.

In the event that a private property is considered to be of a historic nature, the relationship between the  relevant  owners  and  the  State  shall  be  subject  to  a  special  law  that  ensures  their  legitimate rights.

Article 30: Housing

The State shall commit to the development of national policies and plans that provide  adequate housing, which is  sensitive  to Libyan  specificity, in  a  manner  that  achieves  balance  between growth rates, requirements for adequate distribution of the population and available resources. The State  shall  develop  policies  that  takes  into  consideration  families  with  limited  income,  promote private  sector, support  individual  enterprise,  and  regulate  the  use  of  State  land  for  purposes  of construction in a manner that achieves the public interest.