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Constitutional Declaration

Draft Constitutional Charter
For the Transitional Stage

The Constitutional Declaration

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In the Name of God, the Merciful, the Compassionate

The Interim Transitional National Council

In view of our belief in the Revolution of the7
th day of February, 2011 AD
corresponding to the 14 th day of Rabi’ al-awwal, 1432 (Islamic calendar) which has been
led by the Libyan people in different districts of their country and due to our faithfulness
to the martyrs of this blessed Revolution who sacrificed their lives for the sake of
freedom, living with dignity on the land of home as well as retrieving all the rights looted
by Al-Gaddafi and his collapsed regime.

Based on the legitimacy of this Revolution, and in response to the desire of the Libyan
people and their hopes to achieve democracy, establish the political multitude and the
estate of institutions, to create a society wherein all of us can live in stability, tranquility
and justice; a society that can raise by science, culture, welfare and health, and that can
bring up the new generations according to the Islamic spirit and love of goodness and
home.

In the hope of seeking a society of citizenship, justice, equality, booming, progress and
prosperity wherein there is no place for injustice, tyranny, despotism, exploitation and
dictatorship. The interim Transitional National Council has decided to promulgate this
Constitutional Declaration in order to be the basis of rule in the transitional stage until a
permanent Constitution is ratified in a plebiscite.

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Part One

General Provisions

Article (1)

Libya is an independent Democratic State wherein the people are the source of powers. The city
of Tripoli shall be the capital of the State. Islam is the Religion of the State and the principal
source of legislation is Islamic Jurisprudence (Shari’a). The State shall guarantee for non-
Moslems the freedom of practicing religious rituals .Arabic is its official language. The State
shall guarantee the cultural rights for all components of the Libyan society and its languages
shall be deemed national ones.

Article (2)

The law shall prescribe the emblem and national anthem of the State.

Article (3)

The national flag shall have the following shape and dimensions:

Its length shall be double its width, it shall be divided into three parallel colored stripes, the
uppermost being red, the centre black and the lowest green, the black stripe shall be equal in area
to the two other stripes together and shall bear in its centre a white crescent, between the two
extremities of which there shall be a five-pointed white star.

Article (4)

The State shall seek to establish a political democratic regime to be based upon the political
multitude and multi party system in a view of achieving peaceful and democratic circulation of
power.

Article (5)

The family is the basis of society and shall be entitled to protection by the State. The State shall
also protect and encourage marriage. The State shall guarantee the protection of motherhood,
childhood and the elderly. The State shall take care of children, youth and the handicapped.

Article (6)

Libyans shall be equal before the law. They shall enjoy equal civil and political rights, shall have
the same opportunities, and be subject to the same public duties and obligations, without
discrimination due to religion, doctrine, language, wealth, race, kinship, political opinions, and
social status, tribal or eminent or familial loyalty.

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Part Two

Rights and Public Freedoms

Article (7)

Human rights and his basic freedoms shall be respected by the State. The state shall commit
itself to join the international and regional declarations and charters which
protect such rights and freedoms. The State shall endeavor to promulgate new charters which
shall honor the human being as being God’s successor on Earth.

Article (8)

The State shall guarantee for every citizen equal opportunities and shall provide an appropriate
standard of living. The State shall also guarantee the right of work, education, medical care, and
social security, the right of intellectual and private property. The State shall further guarantee the
fair distribution of national wealth among citizens, and among the different cities and districts
thereof.

Article (9)

Defense of the motherland, safeguarding national unity, keeping the civil, constitutional and
democratic system, abiding by civil values, combating tribal, kindred and eminent bias shall be
the duty of each and every citizen.

Article (10)

The State shall guarantee the right of asylum by virtue of the law. The extradition of political
refugees shall be prohibited.
Article (11)

Dwelling houses and homes shall have their sanctity and they may not be entered or inspected
except in cases prescribed by the law and according to the manner set forth therein. Caring for
the public and private funds shall be duty of each and every citizen.

Article (12)

The law shall protect the inviolability of the private life of citizens and the State shall not spy on
the same except by a causal judicial warrant in accordance with the provisions of the law.

Article (13)

Correspondence, telephone calls and other means of communication shall have their own
sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except
by a causal judicial warrant and for a definite period in accordance with the provisions of the
law.
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Article (14)

Freedom of opinion for individuals and groups, freedom of scientific research, freedom of
communication, liberty of the press, printing, publication and mass media, freedom of
movement, freedom of assembly, freedom of demonstration and freedom of peaceful strike shall
be guaranteed by the State in accordance with the law.

Article (15)

The State shall guarantee the freedom of forming political parties, societies and other civil
societies, and a law shall be promulgated to regulate same. The establishment of clandestine or
armed societies, or societies in violation of public system or of public morals and others which
may be detriment to the State or the unity of the State shall be prohibited.

Article (16)

Property shall be inviolable. No owner may be prevented from disposing of his property except
within the limits of the law.

Part Three

Form of State Governance during the Transitional Stage

Article (17)

The Interim Transitional National Council is the supreme power in the State of Libya and shall
undertake the works of the supreme sovereignty including legislation and laying down the
general policy of the State. The Transitional National Council shall be deemed as the sole
legitimate representative of the Libyan people and it shall derive its legitimacy from the
Revolution of February 17
th. The Transitional National Council shall be entrusted to guarantee
the national unity, the safety of the national territory, to embody and circulate values and morals,
to ensure the safety of citizens and expatriates, to ratify the international agreements and to
establish the bases of the civil constitutional democratic state.

Article (18)

• The Interim Transitional National Council shall consist of representatives for the Local
Councils. It must be taken into consideration in determining the representatives of each
Local Council the population density and the geographical standard of the city or the
area which it represents. The Council shall have the right to add ten (10) members for
the sake of national interest. The Council shall nominate and elect those members.
• The Interim Transitional National Council shall elect a president, first and second vices
thereof. If the post of the President or of his vice becomes vacant, a successor shall be
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elected by the Council. In all cases, election shall be effected by relative majority of
those present. In case more than one nominee equaled in obtaining the majority votes,
the member who is given a casting vote by the President shall be elected.

Article (19)

The President of the Interim Transitional National Council shall take oath before the Council
and the members of the Interim Transitional National Council shall take oath in the following
formula :
“I swear by Almighty God to carry out the duties of my job honestly and truthfully, to remain
faithful to the goals and principles of the Interim Transitional National Council in Libya, to
respect the constitutional charter and internal statutes thereof, to look after the interests of the
Libyan people in full and to safeguard the independence, security and unity and territorial
integrity of the motherland.”

Article (20)

The Interim Transitional National Council shall have its own statutes which shall regulate the
method of work therein and the manner to exercise the duties and functions thereof.

Article (21)

It shall be impermissible for any member of the Interim Transitional National Council to assume
any executive public office. It shall also be impermissible to combine the membership of the
National Council with the membership of the Local Council. A member may neither be
appointed in a Board of Directors of any company nor may he contribute to obligations made by
the government or made by one of the public institutions. Further, during the term of his
membership, the member, his wife or his sons may not buy or rent any State property or lease or
sell to or barter with the State any of his own property, or conclude a contract with the Sate in his
capacity as obligator, supplier or contractor.

Article (22)

No membership in the National Council shall be revoked except on the grounds of loss of one of
the conditions of membership or the violation of his obligations as a member. The membership
shall be deemed invalid on the grounds of a decision taken by two-thirds of the Interim
Transitional National Council members. The membership shall end in cases of death, acceptance
of resignation by the Interim Transitional National Council, losing of legal competence or
disability to perform duty. In case of revoking or expiration of the membership, the National
Council shall elect the new member in replacement of the member whose membership was
revoked or expired.

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Article (23)

The seat of the Interim Transitional National Council shall be in the city of Tripoli and it may
establish an interim seat in the city of Benghazi. However, the Council may, meet in another
place upon the request of the majority of its members.

Article (24)

• The Transitional National Council shall appoint an Executive Office or an Interim
Government consisting of a Chairman and sufficient number of members in order to
manage the different sectors of the State. The Interim Transitional National Council
shall have the right to dismiss the Chairman of the Executive Office or the Interim
Government or any member thereof provided that such resolution shall be issued and
adopted by the majority of two thirds of the members of the Council.
• The Chairman of the Executive Office or the Interim Government and the members
thereof shall be jointly liable before the Interim Transitional National Council for
carrying out the general policy of the State in accordance with the instructions and
directions of Interim Transitional National Council. Each and every member shall
further be responsible for the works of the sector presided by him before the Executive
Office or the Interim Government.

Article (25)

The Chairman of the Executive Office or the Interim Government shall take oath in the formula
prescribed by Article (19) prior to carrying on their duties before the President of the Interim
Transitional National Council.

Article (26)

The Executive Office or the Interim Government shall carry out the general policy of the State in
accordance with the instructions and directions of the Interim Transitional National Council. The
Executive Office or the Interim Government shall as well undertake the issuance of the executive
regulations of the issued laws. The Executive Office or the Interim Government shall also submit
the draft laws to the Interim National Council in order to review same and to take as it may deem
appropriate in respect thereof.

Article (27)

The general budget of the State shall be issued by law.

Article (28)

The Interim Transitional National Council shall establish an Accounting Department which shall
undertake financial control over all revenues, expenses, all movable and immovable property
belonging to the State. The said department shall verify the optimum use of such funds and
preserve same. It shall also submit an annual report on that to the Interim National Council, the
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Executive Office or the Interim Government.

Article (29)

The Interim Transitional National Council shallappoint diplomatic representatives of the State
abroad upon the nomination of the Executive Office. It shall also have the right to remove them
or to accept their resignations. It shall further accept the credentials of the heads of foreign
diplomatic missions. The Council shall as well delegate its President in accepting the credentials
of the heads of foreign diplomatic missions.

Article (30)

• Prior to liberation, the Interim Transitional National Council shall be completed as
approved by the Council. It shall remain the Council which represents the supreme
authority in the State of Libya; it shall be liable for managing the State until the National
Public Conference is elected.
• After the announcement of liberation, the Interim Transitional National Council shall
move to its headquarters in Tripoli. The Interim Transitional National Council shall
form an interim government within a period not exceeding thirty days and within a a
period not later than ninety days from the date liberation is announced and made known,
the Council shall:
1. Promulgate a law on electing the National Public Conference.
2. Appoint the National Supreme Commission for elections.
3. Invite for the election of the National Public Conference.
• The National Public Conference shall be elected within a period of two hundred forty
days from the date liberation is announced and made known.
• The National Public Conference shall consist of two hundred elected members from
amongst all the sons of the Libyan People in accordance with the law of electing the
National Public Conference.
• The Interim Transitional National Council shall be dissolved upon holding the first
meeting of the National Public Conference. The oldest members shall undertake the
chairmanship of the meeting. The youngest member shall assume the position of the
secretary of the meeting. During such meeting, the President of the National Public
Conference and his Vice shall be elected by direct, secret balloting by relative majority.
The Provisional Government shall continue carrying on its works until an interim
government is formed.
• The National Public Conference shall, within a period not later than thirty days
as of the date thereof, shall:
1. Appoint ministers and shall propose the names of the members of its
government provided that all such members shall have the confidence of
the National Public Conference prior to carrying on their works as an
Interim Government. The National Public Conference shall further
appoint the presidents of the sovereign posts.
2. Opt for a Constitutional Power in order to formulate the constitution draft
for the State which Power shall be called “the Constitutional Power for
Formulating the Constitution” provided that such Power shall finish
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submitting the constitution draft to the Conference within a period not
exceeding sixty (60) days from the date of holding its first meeting.
• The constitution draft shall be approved by the National Public Conference and
shall be referred to the people for a plebiscite with (Yes) or (No) within thirty
days from the date of the approval thereof by the Conference. If and when the
Libyan people approve the Constitution by two thirds of the majority of the
voters, the Constitutional Power shall then approve the constitution draft as
being the Constitution for the State. The National Public Conference shall also
approve the same. In case of disapproval of the Libyan people, the Constitutional
Power shall then be assigned to reformulate the constitution draft and the
constitution draft shall be re-referred to the people for a plebiscite within a
period not exceeding thirty days.
• The National Public Conference shall issue the Law of public elections in
accordance with the Constitution within thirty days.
• The public elections shall be conducted within a period of one hundred eighty
days from the date the laws regulating the same are promulgated. Both the
National Public Conference and the interim government shall oversee the
preparation of all the requirements of conducting the election process in a
democratic and transparent manner.
• The National supreme Commission for Elections, which shall be reformed by the
National Public Conference, shall conduct the public elections under the
supervision of the National Judicial authority, the United Nations and the
international and regional organizations.
• The National Public Conference shall ratify and announce the results of the
elections, and shall convoke the Legislative Authority for meeting within a
period not exceeding thirty days. In the first session thereof, the National Public
Conference shall be dissolved and the Legislative Power shall fulfill its
legislative tasks.
• By holding the first session of the Legislative Power, the Interim Government
shall be deemed and taken as a caretaker government for conducting business
until a permanent government is approved in accordance with the Constitution.

Part Four

Judicial Guarantees

Article (31)

There shall be no crime or penalty except by virtue of the text of the law. Any defendant
shall be innocent until he is proved guilty by a fair trial wherein he shall be granted the
guarantees necessary to defend himself. Each and every citizen shall have the right to
recourse to the judiciary authority in accordance with the law.

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Article (32)

• The Judiciary Authority shall be independent. It shall be exercised by courts of justice of
different sorts and competences. They shall issue their judgments in accordance with the
law. Judges shall be independent, subject to no other authority but the law and
conscience.
• Establishing Exceptional Courts shall be prohibited.

Article (33)
• Right of resorting to judiciary shall be preserved and guaranteed for all people. Each and
every citizen shall have the right to resort to his natural judge. The State shall guarantee
to bring the judiciary authorities near the litigants and shall guarantee the swift
determination on lawsuits.
• Laws shall not provide for the prohibition of judiciary authority to control any
administrative decree.

Part Five

Conclusive Provisions

Article(34)

The constitutional documents and laws which were applicable before applying this Declaration
shall be repealed.

Article(35)

All the provisions prescribed in the existing legislations shall continue to be effective in so far as
they are not inconsistent with the provisions hereof until they are amended or repealed. Each
reference in these legislations to the “People’s Congresses”, the “General People’s Congress”,
shall be deemed as a reference to the Interim Transitional National Council or to the National
Public Conference. Each reference to “General People’s Committee” or the “People’s
Committees” shall be deemed as a reference to the Executive Office, to the members of the
Executive Office, to the interim government or to the members thereof each within its respective
area of jurisdiction. Each reference to (Great Socialist People’s Libyan Arab Jamahiriya) shall be
deemed as a reference to (Libya).

Article(36)

No cancellation or amendment shall be made to any provision contained herein save with another
provision issued by the Interim Transitional National Council and by the majority of two thirds
of the members of the Council.

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Article(37)

This Declaration shall be published in different media and shall take effect from the date it is
published in media.

The Interim Transitional National Council

Benghazi on the 3
rd day of Ramadan, 1432 AH corresponding to 03/ 08/ 2011 AD.


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