2011 Constitutional Declaration

2011 Constitutional Declaration

In the name of Allah, the Most Gracious, the Most Merciful.

Constitution of Libya

Believing in the 17th of February Revolution of 2011 AD, corresponding to the 14th of Rabi' Al-awwal 1432 AH, led by the Libyan people across various parts of their country, and in loyalty to the souls of the martyrs of this blessed revolution, who sacrificed their lives for freedom, and to live with dignity on their homeland’s soil, and to regain all rights that were seized by Gaddafi and his fallen regime.

Guided by the legitimacy of this revolution, and in response to the fervent desires of the Libyan people, we are committed to their aspirations for democracy and the establishment of the principles of political pluralism. We envision a state of institutions, a society that thrives on stability, tranquility, and justice, and advances in science and culture. Our goal is to achieve welfare and health care, and to nurture new generations with the Islamic spirit, love of goodness, and homeland.

Advancing towards a society of citizenship, justice, equality, prosperity, progress, and well-being, we firmly reject oppression, tyranny, despotism, exploitation, and rule by an individual. Until the ratification of the permanent constitution in a general public referendum, the Transitional National Council has deemed it necessary to issue this constitutional declaration. It serves as the bedrock for governance in the transitional phase, uniting us all in our shared vision for a better Libya.

Chapter One: General Provisions

Article (1)

Libya is an independent democratic state, the people are the source of authority, its capital is Tripoli, and its religion is Islam. Islamic Sharia is the main source of legislation, and the state guarantees non-Muslims the freedom to perform their religious rites. The official language is Arabic, and the Libyan state ensures the cultural rights of all components of Libyan society and considers its languages as national languages.

Article (2)

The state's emblem and national anthem shall be determined by law.

Article (3)

The national flag shall be as follows in shape and dimensions: the length is twice the width, and it is divided into three parallel colors: the top is red, then black, then green, such that the area of the black color equals the combined area of the other two colors. It contains in its center a white crescent between whose tips there is a five-pointed white star.

Article (4)

The state shall establish a democratic political system based on political and party pluralism, aimed at the peaceful democratic rotation of power.

Article (5)

The family is the fundamental cornerstone of society, and it is protected by the state. The state protects marriage and encourages it, ensures the protection of motherhood, childhood, and old age, and cares for the youth and those with special needs.

Article (6)

The second paragraph was added according to Article (1) of Constitutional Amendment No. (5) for the year 2013.

Libyans are equal before the law, in the enjoyment of civil and political rights, in equal opportunities, and in the duties and public responsibilities they bear. 

There is no discrimination among them based on religion, sect, language, wealth, sex, descent, political views, social status, tribal or regional affiliation, or being prisoners.

It is not considered a breach of the provisions of this declaration to temporarily isolate some individuals and prevent them from holding sovereign positions and leadership roles in the state’s higher administration for a temporary period by law issued in this regard, without violating the right of the concerned individuals to litigation.

Chapter Two: Public Rights and Freedoms

Article (7)

The state shall protect human rights and fundamental freedoms and shall seek to join international and regional declarations and charters that protect these rights and freedoms, and shall work on issuing new charters that honor humans as God’s vicegerent on earth.

Article (8)

The state guarantees equal opportunity and works to provide a decent standard of living and the right to work, education, healthcare, and social security for every citizen. It also guarantees the right to private and individual property and ensures the fair distribution of national wealth among citizens and between different cities and regions of the state.

Article (9)

Every citizen must defend the homeland, preserve national unity, not undermine the constitutional democratic civil order, adhere to civil values, and combat regional, tribal, and clannish sentiments.

Article (10)

The state guarantees the right of asylum in accordance with the law, and political refugees may not be extradited.

Article (11)

Private residences and properties are inviolable; they may not be entered or searched except in cases specified by law and in the manner prescribed therein. Respecting the sanctity of public and private property is a duty of every citizen.

Article (12)

The private lives of citizens are inviolable and protected by law. The state may not spy on them except with a judicial order and in accordance with legal provisions.

Article (13)

Correspondences, telephone conversations, and other means of communication are inviolable and confidential, guaranteed by law, and may not be confiscated, inspected, or monitored except by judicial order, for a specified period, and in accordance with the provisions of the law.

Article (14)

The state guarantees freedom of opinion, individual and collective expression, scientific research, communication, press and media freedom, printing and publishing, freedom of movement, and the freedom to assemble, demonstrate, and hold peaceful sit-ins, as long as these do not conflict with the law.

Article (15)

The state guarantees the freedom to establish political parties, associations, and other civil society organizations, and a law shall be enacted to regulate them. Establishing secret or armed associations, those that contravene public order or morals, or others that harm the state and the unity of the national territory is prohibited.

Article (16)

Private property is protected, and the owner is not prevented from disposing of their property except within the limits of the law.

Chapter Three: Governance System During the Transitional Period

Article (17)

The Transitional National Council is the highest authority in the Libyan state and exercises the supreme sovereignty functions, including legislation and setting the state's general policy. It is the sole legitimate representative of the Libyan people, deriving its legitimacy from the 17th of February revolution. It is entrusted with ensuring national unity, and territorial integrity, embodying and spreading values and morals, the safety of citizens and residents, ratifying international treaties, and establishing the foundations of a constitutional democratic civil state.

Article (18)

The Transitional National Council consists of representatives from the local councils. In determining the representatives of each local council, population density and geographical criteria of the city or region represented are considered. The council has the right to add ten members for reasons of national interest, and these members are nominated and selected by the council.

The Transitional National Council elects its president, first vice-president, and second vice-president. Should any of these positions become vacant, the council selects a replacement. Elections are always by a relative majority of those present; if more than one candidate achieves a majority, the president decides the selection.

Article (19)

The President of the Transitional National Council shall take the legal oath before the Council, and the members of the Transitional National Council shall take the legal oath before the President of the Council in the following form: “I swear by Almighty God that I will perform my duties with complete honesty and dedication, that I will remain loyal to the goals of the 17th of February Revolution, that I will respect the Constitutional Declaration and the internal regulations of the Council, and that I will fully look after the interests of the Libyan people, and preserve the independence, security, and territorial integrity of Libya.”

Article (20)

The Transitional National Council shall have rules that regulate its working methods and the exercise of its functions.

Article (21)

It is not permissible to combine membership in the Transitional National Council with holding public office or membership in a local council. A member may not be appointed to the board of a company or participate in obligations made by the government or any public institution. 

Furthermore, during the term of their membership, neither the member nor their spouse or children may purchase or rent any state property, lease or sell their property to the state, exchange it with the state, or enter into any contract with the state as a contractor, supplier, or builder.

Article (22)

Membership of the Transitional National Council can only be revoked if a member loses one of the membership conditions or fails to fulfill their membership duties. The decision to revoke membership must be made by the Transitional National Council with a two-thirds majority of its members. Membership ends upon death, acceptance of resignation by the Transitional National Council, loss of legal capacity, or inability to perform duties. In cases of membership revocation or termination, the relevant local council shall choose a replacement for the member whose membership was revoked or has ended.

Article (23)

The headquarters of the Transitional National Council is in the city of Tripoli, and it may establish a temporary headquarters in the city of Benghazi. Upon the request of the majority of its members, it may hold its meetings in another location.

Article (24)

The Transitional National Council appoints an Executive Office – or an interim government – consisting of a President and a sufficient number of members to manage the various sectors of the country. The Transitional National Council has the right to dismiss the President of the Executive Office – or the interim government – or any of its members, provided that this decision is made with a two-thirds majority of the Council members. The President of the Executive Office – or the interim government – and its members are collectively responsible to the Transitional National Council for implementing the state's general policy as outlined by the Council, and each member is responsible for the sector they lead before the Executive Office – or the interim government.

Article (25)

The President and members of the Executive Office – or the interim government – take the legal oath, as stipulated in Article (19), before assuming their duties, in front of the President of the Transitional National Council.

Article (26)

The Executive Office—or the interim government—is responsible for implementing the state's general policy as outlined by the Transitional National Council. It also issues executive regulations for enacted laws and presents legislative proposals to the Transitional National Council for consideration and appropriate action.

Article (27)

The state's general budget shall be issued by law.

Article (28)

The Transitional National Council establishes an Audit Bureau responsible for the financial oversight of all state revenues, expenditures, and movable and immovable properties owned by the state. The Bureau ensures the proper use and preservation of these assets and submits periodic reports on this to both the Transitional National Council and the Executive Office—or the interim government.

Article (29)

The Transitional National Council appoints the state's diplomatic representatives abroad, based on nominations from the Foreign Affairs Department. It also has the right to dismiss them and accept their resignations. Additionally, the Council has the authority to accept the credentials of the heads of foreign diplomatic missions. The Council may delegate this authority to its President to accept the credentials of the heads of foreign diplomatic missions.

Article (30)

Amended according to:

• Constitutional Amendment No. (1) of 2012, 
• Constitutional Amendment No. (2) of 2012, 
• Constitutional Amendment No. (3) of 2012, 
• Constitutional Amendment No. (4) of 2012, 
• Constitutional Amendment No. (5) of 2013, 
• Constitutional Amendment No. (6) of 2014, 
• Constitutional Amendment No. (7) of 2014, and 
• Constitutional Amendment No. (8) of 2014.

1. The Transitional National Council shall be completed according to Article (18) of this declaration. It remains the highest authority in the Libyan state and is responsible for managing the country until the election of the General National Congress.
2. After the declaration of liberation, the Transitional National Council moves to its main headquarters in Tripoli, and within ninety days from the declaration of liberation, the Council shall do the following:
   1. Enact a special law for the election of the General National Congress.
   2. Appoint the High Commission for Elections. Call for the election of the General National Congress.
3. The General National Congress shall be elected within two hundred and seventy days from the declaration of liberation. 
4. The General National Congress shall consist of two hundred members elected from all Libyan people according to the special law for the election of the General National Congress. 
5. At the first convening of the General National Congress, the Transitional National Council is dissolved, and all its powers are transferred to the General National Congress. The eldest member presides over the Council, and the youngest acts as the session secretary. During this session, the president of the General National Congress and its deputies are elected by direct secret ballot, and the transitional government continues to facilitate its functions until an interim government is formed.
6. Legislation is issued by the General National Congress with at least one hundred and twenty members agreeing on the following matters:
   1. Approval of the state's general budget and final account.
   2. Declaration and lifting of the state of emergency.
   3. Declaration of war and its conclusion.
   4. Dismissal of the president of the Congress or one of its deputies or one of its members.
   5. Withdrawal of confidence from the government.
   6. Ratification of international treaties.
   7. Legislation governing local administration and general elections.
   8. Legislation that imposes financial obligations on the public treasury not covered by the general budget.
7. Voting on political and administrative isolation laws requires a majority of one hundred and one members of the General National Congress. 
8. A member may propose that a vote on a matter under discussion be subjected to a majority of one hundred and twenty members, and this proposal is not put to a vote unless it is supported by five members. A decision to subject the vote to this majority is made by an absolute majority of those present.
9. Except for the above, legislation is issued by an absolute majority of those present. 
10. The Congress, within ninety days of its first meeting, shall do the following:
    1. Appoint a Prime Minister who proposes the names of his government ministers, all of whom must be trusted by the General National Congress before commencing their duties as an interim government, and the Congress also appoints the heads of sovereign positions.
    2. Reconstitute the High National Election Commission to elect a Constituent Assembly by direct free voting from non-members to draft a permanent constitution for the country, called the Constitutive Assembly for Drafting the Constitution, consisting of sixty members similar to the committee of sixty formed to prepare Libya's independence constitution in 1951. The General National Congress by a special law sets the criteria and controls for its election, ensuring the representation of specific cultural and linguistic components of Libyan society (Amazigh, Tuareg, Tebu).
    3. The decisions of the Constitutive Assembly for Drafting the Constitution are made by a two-thirds plus one majority, with the necessity of consensus with the culturally and linguistically specific components of Libyan society in the provisions related to them. The Assembly must complete the drafting and adoption of the draft constitution within one hundred and twenty days from its first meeting.
11. The February Committee’s proposal shall be implemented, provided that the elected House of Representatives resolves the issue of electing the interim president through a direct or indirect election system within a period not exceeding forty-five days from holding its first session.
12. Once the Constituent Assembly finishes drafting the draft constitution, the draft constitution will be put to a referendum, yes or no, within thirty days from the date of its adoption.
    1. If the Libyan people approve the project by a two-thirds majority of the voters, the Assembly ratifies it as the country's constitution, and it is forwarded to the House of Representatives for enactment.
    2. If it is not approved, the Assembly re-drafts it and puts it up for a referendum again within thirty days from the date the first referendum results are announced.
    3. The House of Representatives issues the general election law according to the constitution within thirty days of the constitution's issuance. 
    4. General elections are conducted within one hundred twenty days from the date the laws regulating them are issued, and the House of Representatives and the interim government oversee the preparation of all requirements for conducting the electoral process in a democratic and transparent manner.
    5. The High National Election Commission (which is reconstituted by the House of Representatives) conducts the general elections, which are supervised by the national judiciary and monitored by the United Nations and international and regional organizations.
    6. The High National Election Commission certifies the results and announces them, and the new legislative authority convenes within thirty days from the date the House of Representatives ratifies it. In its first session, the House of Representatives is dissolved, and the legislative authority performs its duties.

Chapter Four: Judicial Guarantees

Article (31)

There is no crime and no penalty without a legal basis, and the accused is innocent until proven guilty in a fair trial, which provides him with the necessary guarantees to defend himself. Every citizen has the right to access the judiciary in accordance with the law.

Article (32)

The judiciary is independent and is administered by courts of various types and levels. Decisions are made according to the law, and judges are independent, with no authority over their judgment other than the law and their conscience.

The establishment of special courts is prohibited.

Article (33)

Litigation is a protected and guaranteed right for all people. Every citizen has the right to access his natural judgment. The state ensures that judicial bodies are accessible to litigants and that cases are resolved promptly.

Legislation that immunizes any administrative decision from judicial review is prohibited.

Chapter Five: Final Provisions

Article (34)

All documents and laws of a constitutional nature in effect before the implementation of this declaration are hereby repealed.

Article (35)

All provisions established in existing legislation shall continue to be in effect, as long as they do not conflict with the provisions of this declaration until amended or repealed. Any reference in these legislations to what was called “the People's Conferences” or “the General People's Congress” shall be considered a reference to the Transitional National Council or the General National Congress. Any reference to what was called “the General People's Committee” or “the People's Committees” shall be considered a reference to the Executive Office or the members of the Executive Office or the government or members of the government, each within their jurisdiction. Any reference to “the Great Socialist People's Libyan Arab Jamahiriya” shall be considered a reference to “Libya.”

Article (36)

No provision contained in this document may be canceled or amended except by another provision issued by the Transitional National Council with a two-thirds majority of the Council members.

Article (37)

This declaration shall be published through various media outlets and shall be effective from the date of its publication.

• Transitional National Council
• Benghazi, 3 Ramadan 1432 Hijri 
• Corresponding to 03/08/2011 Gregorian.