RN 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
Libya: Azza al-Maqhur 14 March 2012 [MECF]
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