Libya

 

Overview

Constitutional document in force:

 

 

General information on Libya’s transition

RN Constitutional Advocate, Langhi, leads seminar on the role of women in public life in Libya

Zahra’ Langhi, co-founder of Libyan Women’s Platform for Peace (LWPP), led a seminar 7 April 2013 for RN’s MENA constitutional advocates–by Skype and across continents–on the role of women in public life in Libya.

The seminar is one of a series of discussions, initiated during a conference in Tunis this past January, for the program “Informing the Constitutional Moment” funded by the National Endowment for Democracy.

On the basis of a detailed paper distributed to the constitutional advocates, the seminar proceeded along three main lines of enquiry:

- The mechanisms, style and language that LWPP adopted to succeed in facilitating the election of 33 women (of 200 seats),   without a specifically named quota, in the General National Congress (GNC), the post-revolutionary parliament in Libya;

- The importance of having women in leadership positions in government, notably in the Council of Ministers and in the judiciary. Only two women are ministers, but the judiciary has succeeded in keeping a place for women judges since the pre-Qaddafi period. LWPP’s challenge to Art. 30 of the constitutional provisions concerning the important election or appointment of the 60 members of the constitutional assembly was also discussed.

- The wider comparative constitutional framework, including the latest Constitution passed in Zimbabwe, which established in Section 16 an elaborate role for women in public life in the future of the country.

The participants resolved to publish the paper and some of the most interesting discussion that followed, including new ideas for bolstering the effectiveness of women in charting the future of the country.

RN is increasingly engaged in Libya and will participate more actively, with LWPP and other prominent civil society organisations, in the enhancement of the public quality of the constitutional debate in a country with immense potential for the region.

Lorianne Updike Toler and Tobias Peyerl on 'Selection or Election for the Constituent Assembly?'

As Libyans consider proposals for selecting the Constituent Assembly, they can benefit from a thorough review of various methods of selecting constitutional drafters from the region and from history.  Such models can inform Libyans about problems to avoid and successes to follow in creating an overall constitutional procedure that legitimises their constitution and prepares it for long-term success.  The article by Lorianne Updike Toler and MECF director Tobias Peyerl published in the Libya Herald provides two models from the region—Egypt and Tunisia—and four from history—Massachusetts, the United States, Poland, and Norway.

Read the full featured article.

Azza al-Maghur on the structural deficiencies of the Libyan constitutional process

18 March 20120, Right to Nonviolence is pleased to post an important contribution of prominent Libyan lawyer Azza al-Maghur on the structural deficiencies of the Libyan constitutional process afoot in the post-Qaddafi constitutional moment.

In her analysis, Ms. Maghur demonstrates in detail the major constitutional black holes that need an immediate remedy.

Highlights of the constitutional study are in the following conclusions:

1- The Constitutional Declaration issued by the Transitional Council before the fall of Qaddafi is an ad hoc declaration that has no legitimacy at present. It must not be considered a basis for the new elected assemblies.

2- The timeline must be clarified in terms of the mandate of the projected General National Assembly, al-mu’tamar al-watani al-`amm. The government and the Assembly are at risk of entering into an open-ended, authoritarian process with no time limits and no clear sequencing.

3- The merger of legislative and executive power adopted during the transition through the fall of Qaddafi is no longer acceptable. A clear distinction of the executive and legislative branches of government must be implemented immediately, possibly by the constitution of a presidential council that is distinct from the General National Assembly.

4- Women have been sidelined by the process. Restoration of the leadership role of women in the revolution must translate with a fair and adequate representation in all elected assemblies and government bodies that secures their effective taking part in the governance of the country.

The full analysis – in Arabic – can be accessed here

View full analysis

 

All constitutional events

Click for information on the methodology

The country pages are collections from information openly available on the web or documents obtained by the MECF with national constitutional events categorized as follows:

1. New Constitutional Document

A “New Constitutional Document” under the terms of this website is a text that bears new constitutional authority, which was not enacted by a preexisting amendment procedure of the highest law available.

2. Amendment

Documents are categorized as “Amendments” if they were established according to an existing constitutional amendment procedure.

3. Proposal

A “Proposal” is an amendment that was not or is supposed to be implemented in future.

4. Interpretation

An “Interpretation” is a legal determination by a body that is endowed with the authority to issue binding interpretations on the constitutional text. This category is not limited to courts or other traditional bodies of the judiciary. Exemplary bodies include constitutional courts or boards.

5. Related Legal Text

“Related Legal Texts” are those legal documents that are directly relevant to the constitutional provisions and are hierarchically placed below constitutional legal authority. Examples include election laws, laws relating to political parties and laws on the judiciary.

We list secondary materials for each constitutional event of the five categories. These include scholarly articles and the travaux préparatoires.

05/07/2012 | Amendment | 3rd Amendment to the Constitutional Declaration i.a. taking away constitution-making power from the National Congress

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Nehal El-Sherif, Confusion in Libya on constitutional change ahead of election, DPA, Link (last visited Jul 16, 2012).
2. Umar Khan & George Grant, NTC takes responsibility for constitution from National Conference, Libya Herald, July 5, 2012, Link (last visited Jul 14, 2012).…

02/05/2012 | Related Legal Text | Decree 36/2012 freezing Assets and Properties of Companies and Individuals related to the Qaddafi Regime

Links to the text in the following languages:

العربية

English - [Support the project - submit available references]

Secondary Materials:

1. Umar Khan, Husni Bey blasts NTC’s decision to freeze assets, Libya Herald, May 20, 2012, Link (last visited Jun 27, 2012).
2. State of the Transformation Process in Libya, Max Planck Institute for Comparative Public Law and International Law, May 11, 2012, Link (last visited May 19, 2012).…

13/03/2012 | Amendment | Amendment 1/2012 concerning the Timeframe for Drafting the Constitution and the Composition and Voting Procedure of the Constituent Assembly in Libya

Links to the text in the following languages:

العربية

English – [kindly translated by Jordan Toone]

Secondary Materials:

1. AFP: Libya tweaks constitution in concession to regions, AFP, March 15, 2012, Link (last visited May 19, 2012).
2. State of the Transformation Process in Libya, Max Planck Institute for Comparative Public Law and International Law, May 11, 2012, Link (last visited May 19, 2012).…

26/02/2012 | Related Legal Text | Decree 17/2012 concerning national Reconciliation and transitional Justice

Links to the text in the following languages:

العربية

English - [Support the project - submit available references]

Secondary Materials:

1. Reconciliation Committees Helping Settle Tribal Differences in Libya, PM El-Keeb Tells UN, The Tripoli Post, March 8, 2012, Link (last visited Jun 27, 2012).
2. Human Rights Council holds interactive dialogue with the Commission of Inquiry on Libya, UN OHCHR, March 9, 2012, Link (last visited Jun 27, 2012).…

20/02/2012 | Related Legal Text | Decree 15/2012 establishing the Dar Al-Ifta

Links to the text in the following languages:

العربية

English - [Support the project - submit available references]

Secondary Materials:

1. State of the Transformation Process in Libya, Max Planck Institute for Comparative Public Law and International Law, May 11, 2012, Link (last visited May 19, 2012).…

13/02/2012 | Related Legal Text | Decree 11/2012 concerning Responsibilites and Duties in the Army

Links to the text in the following languages:

العربية

English - [Support the project - submit available references]

Secondary Materials:

1. State of the Transformation Process in Libya, Max Planck Institute for Comparative Public Law and International Law, May 11, 2012, Link (last visited May 19, 2012).…

28/01/2012 | Related Legal Text | Decree 4/2012 concerning National Congress Elections in Libya

Links to the text in the following languages:

العربية 

English

Secondary Materials:

1. Contribution of  Azza al-Maghur on the structural deficiencies of the Libyan constitutional process afoot in the post-Qaddafi constitutional moment (March 18, 2012), Link (Arabic).
2. Al Arabiya News, Libya’s NTC adopts election law, drops women quota (2012), Link (last visited Mar 11, 2012).
3. Jurist, UN welcomes new Libya electoral law (2012), Link (last visited Mar 11, 2012).
4. The Tripoli Post, Libyan Women Slam Draft Election Law Giving Them Only 10% Share in Parliament (2012), Link (last visited Mar 11, 2012).…

04/01/2012 | Related Legal Text | Decree 2/2011 annulling the Law criminalizing adhering to political Parties

Links to the text in the following languages:

العربية

English - [Support the project - submit available references]

Secondary Materials:

1. Libya scraps Gaddafi-era law forbidding political parties, The Jerusalem Post, January 4, 2012, Link (last visited Jun 27, 2012).
2. Libya New Leaders Legalise Political Parties, The Tripoli Post, January 5, 2012, Link (last visited Jun 27, 2012).…

27/11/2011 | Related Legal Text | UN Security Council Resolution 2016

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. U.N. ends mandate for NATO mission in Libya, CNN Wire, October 27, 2011, Link (last visited Jun 27, 2012).
2. Libya: Security Council Votes to Lift No-Fly Zone, AllAfrica.com, October 30, 2011, Link (last visited Jun 27, 2012).…

16/09/2011 | Related Legal Text | UN Security Council Resolution 2009

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Security Council passes resolution establishing Libyan support mission, CNN Wire, September 16, 2011, Link (last visited Jun 27, 2012).
2. China Vows Continued Support for Libya’s Reconstruction, Xinhua, September 17, 2011, Link (last visited Jun 27, 2012).
3. Libya’s NTC battles on, buoyed by UN backing, Channel News Asia, September 17, 2011, Link (last visited Jun 27, 2012).…

03/08/2011 | New Constitutional Document | 2011 Constitutional Declaration of Libya

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Contribution of Azza al-Maghur on the structural deficiencies of the Libyan constitutional process afoot in the post-Qaddafi constitutional moment (March 18, 2012), Link (Arabic), debate in the group “The Libyan constitutional process.”
2. Libya: State of the Transformation Process, Max Planck Institute for Comparative Public Law and International Law (2011), Link  (last visited Jan 18, 2012).…

17/03/2011 | Related Legal Text | UN Security Council Resolution 1973

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Alex J. Bellamy & Paul D. Williams, The New Politics of Protection? Côte d’Ivoire, Libya and the Responsibility to Protect, 87 International Affairs 825–850 (2011).
2. Michael N. Schmitt, Wings over Libya: The No-Fly Zone in Legal Perspective, 36 Yale Journal of International Law 45–58 (2011) Link.
3. Security Council Approves ‘No-Fly Zone’ over Libya, Authorizing ‘All Necessary Measures’ to Protect Civilians, by Vote of 10 in Favour with 5 Abstentions, UN Department of Public Information, March 17, 2011, Link (last visited Jun 27, 2012).
4. Libya: David Cameron on UN Resolution in full, The Telegraph, March 18, 2011, Link (last visited Jun 27, 2012).…

26/02/2011 | Related Legal Text | UN Security Council Resolution 1970

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Alex J. Bellamy & Paul D. Williams, The New Politics of Protection? Côte d’Ivoire, Libya and the Responsibility to Protect, 87 International Affairs 825–850 (2011).
2. Marko Milanovic, Security Council Adopts Resolution 1970 (2011) with respect to Lybia, EJIL:Talk!, February 27, 2011, Link (last visited Jun 27, 2012).
3. Michael N. Schmitt, Wings over Libya: The No-Fly Zone in Legal Perspective, 36 Yale Journal of International Law 45–58 (2011) Link.
4. In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters, UN Department of Public Information, February 26, 2011, Link (last visited Jun 27, 2012).…

11/12/1969 | New Constitutional Document | 1969 Constitution of Libya

Links to the text in the following languages:

العربية

Français

English

Secondary Materials:

1. Jurist Legal Intelligence, Libya – Constitution, Government & Legislation, Link (last visited Jan 10, 2012).
2. H.-P. Mattes, Islam und Staatsaufbau. Das theoretische Konzept und das Beispiel der Sozialistischen Libyschen Arabischen Volks-Jamahiriya (1982).

25/04/1963 | Amendment | 1951 Constitution of Libya as amended 1963

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Hisham Ben Ghalbon, Libya’s 1951 Constitution- A Major Achievement and a Gain for the People, Libyan Constitutional Union, 1999, Link (last visited Mar 14, 2012).
2. Mohammad Ali Ahdash, An Assessment of the Constitutional Situation in Libya, Arab Center for Research & Policy Studies, October 10, 2011, Link (last visited Mar 14, 2012).…

07/10/1951 | New Constitutional Document | 1951 Constitution of Libya

Links to the text in the following languages:

العربية

English

Secondary Materials:

1. Jurist Legal Intelligence, Libya – Constitution, Government & Legislation, Link (last visited Jan 10, 2012).
2. H.-P. Mattes, Islam und Staatsaufbau. Das theoretische Konzept und das Beispiel der Sozialistischen Libyschen Arabischen Volks-Jamahiriya (1982).
3. J. Abr. Frowein, Das de-facto-Regime im Völkerrecht: Eine Untersuchung zur Rechtsstellung „nichtanerkannter Staaten“ und ähnlicher Gebilde (1968).

 …

 

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