Every person who acquired libyan nationality by a current law, or who was born to a libyan mother in accordance with the regulations of the law, shall be libyan. Constitution of libya 1951, the first constitution of libya, in effect 19511969 constitution of libya 1969 declaration on the establishment of the authority of the people, an amendment to the 1969 constitution. The libyan authorities are obliged under international law to ensure that libyas laws and policies, including its constitution, conform to the requirements of the human rights treaties it has ratified and customary international law. The first libyan civil war was an armed conflict in 2011 in the north african country of libya fought between forces loyal to colonel muammar gaddafi and foreign supported groups seeking to oust his government. The constitutional declaration is the current supreme law of libya, introduced due to the overthrow of the gaddafi government in the libyan civil war. Numidian, a libyan dialect, is known from inscriptions in the libyan consonantal alphabet.
September 28, 1951 michigan daily digital archives. Many of these developments, though dramatic, have not been comprehensively documented until now. If an article link referred you here, please consider editing it to point directly to the intended page. Libyan amazigh supreme council to boycott constitution referendum wednesday, july 25, 2018 21. Libyas conflict european union institute for security.
The green book muammar gaddafi, published in 1975 and describing muammar gaddafis political philosophy, was intended to be. Subject to the provisions of article 8 of this constitution, the conditions necessary for acquiring libyan nationality shall be determined by a law. From his appointment until libyan independence he was responsible for governing libya and assisting with the drafting of the libyan constitution. Chronicling the events that took place leading to the creation of an independent libyan state, adrian pelts libyan independence and the united nations. There are no procedures in place for asylumseekers to apply to be recognized as refugees by the libyan authorities. Since 2011, however, the process of political and institutional reform initiated by the transitional authorities has failed to establish and uphold the rule of law or to address past and continuing human rights violations, as required by international law and standards. C august 31, 1951 0 p y draft of libyan constitution summary of major provisions. Libyan constitution chapter one form and fundamental pillars of the state article 1. Social economic development of libya download ebook pdf. Constitution declaration on the establishment of the authority of the people 1977 this document is an english translation of the declaration on the establishment of the authority of the people acting as a constitutional text for the socialist peoples libyan arab jamahiriya. Libyas three historic regions tripolitania, cyrenaica and fezzan developed more or less separately until the territory of todays libya was united through the italian colonisation of 1911.
Sperka broadcasts yom kippur program over station wjlb on oct. The 1951 libyan constitution was brought into force on 7 october 1951, prior to libyas formal declaration of its independence on 21 december 1951 as a constitutional and hereditary monarchy under king idris. Libyas conflict european union institute for security studies. In libya these days, the discussion for every topic seems to be made up of polar extremes. Libyan constitution issued on 7 october 1951 and the laws issued. A national constitution assembly drafted a constitution establishing a constitutional monarchy under idris in 1950. Constitution of the united kingdom of libya 1951 wikisource, the. The conflict in libya is a scramble for power and wealth. Every person who acquired libyan nationality in accordance with the provisions of the. Constitution drafting assembly cda, to draft a new constitution for libya. Many of the 4,000 jews here, who have decided to remain in independent. As libya navigates its rocky transition, understanding libyas historical experience of the constitutional drafting process is imperative. The libyan constitution 1 federal regime repealed by law no.
Provisions for the death penalty can be found in at least 30 articles of the libyan penal code. The libyan authorities established a committee to draft asylum legislation and sought technical and legal. Original 1951 libya constitution showing where 1963. Various political factions used their power to block the nationbuilding process, diverting funds to finance their militias instead of working together and enacting reforms to create a modern, islamic, democratic and decentralized libya. Download the english copy of the 1951constitution of the libyan kingdom. Jan 21, 2014 a human rights roadmap for a new libya. Libyan the extinct hamitic language of ancient libya libyan the old berber language of the libyans inhabiting north africa in classical antiquity. Dec 17, 2015 the statement came as the icj released its new report the draft libyan constitution. Since its independence in 1951, libya has experienced rapid economic and social change.
The platform mainly serves an arabicspeaking audience in order to give the libyan civil society a space for interaction and exchange, but also offers a source of relevant information on the libyan constitutiondrafting process to english speakers. Libyan constitution, expressing their commitment to the higher national interest of libya and to placing it above all other priorities, asserting the importance of drafting a permanent constitution for libya that achieves the ambitions and aspirations of the libyan people towards building the state of institutions. It resulted in the united nations refugee protocol which removed the 1951 dateline in the convention and which was opened for accession on 31st january 1967. The carter center team visited libya in december to learn about the candidate registration process and other key preparations and returned in midjanuary to conduct an expert mission focused on key election administration issues. Preamble in the name of god the beneficent, the merciful. The extradition of political refugees shall be prohibited,international treaties and the federal laws shall. Establishment of the constitution drafting assembly. This is an unofficial translation as published in khadduri, by majid, modern libya, the john hopkins press, baltimore, 1963, p.
Libyan constitution chapter one form and fundamental. The platform mainly serves an arabicspeaking audience in order to give the libyan civil society a space for interaction and exchange, but also offers a source of relevant information on the libyan constitution drafting process to english speakers. This site is like a library, use search box in the widget to get ebook that you want. In the report, the icj calls on the libyan constitution drafting assembly cda to substantially revise the draft constitution published in october with a view to ensuring its full compliance with libyas. C august 31, 1951 0 y draft of libyan constitution summary. The constitution entered into force on 24 december 1951, in accordance wih article 44. Hor cyrenaica members reject constitution draft, call for. On 23 january 1951, pelt, after consultation with various libyan leaders, submitted to the counscil a letter to be communicated to the libyan national assembly as advice, the text of which reads. Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments.
Some provisions of the 1951 constitution, such as article 36 about central government powers and article 39 about provincial powers, 20 should be also included. Libya has not ratified the 1951 convention relating to the status of refugees and its 1967 protocol. We, the representatives of the people of libya from cyrenaica, tripolitania. Feb 20, 2018 members of the libyan tobrukbased house of representatives hor rejected monday the constitution drafting assembly cda calling for the formation of a committee of experts to amend the 1951 libyan constitution instead. The libyan constitution of 1951 has emerged as an important reference point for political leaders important to that countrys transitional to democracy. Libyan constitution issued on 7 october 1951 and the laws issued thereunder shall be libyan, and every person born to a libyan father shall be libyan. Name and form of the state libya is a free, independent, and indivisible state. The libyan constitution 7 1 federal regime repealed by law no. Libyan constitution chapter one form and fundamental pillars. Only provisions relating to aliens and asylum are selected here. The federal government is divided into three branches and shares power with the provincial governments. It erupted with the libyan revolution, also known as the 17 february revolution.
Between 1969 and 2011, there was no clear constitutional framework in libya. It was finalised on 3 august 2011 by the national transitional council, and is intended to remain in effect until a permanent constitution is written and ratified in a referendum. The hor members said in a televised statement that the ruling of the supreme court is not valid on the constitution. A special body to draft a new constitution for libya convened in the volatile east on sunday, a milestone in the bumpy transformation of the north african country since the 2011 ouster of muammar. Article 34 old law all existing provisions of laws, decrees, and regulations which are not in conflict with the provisions set forth in this constitutional proclamation remain in effect. Nov 08, 2016 as libya navigates its rocky transition, understanding libyas historical experience of the constitutional drafting process is imperative.
The inscriptions from ancient numidia tunisia and part of algeria. The libyan national assembly prepared and resolved this constitution in its meeting held in the city of benghazi on sunday, 6th muharram, hegera 71 corresponding to 7th october 1951, and delegated its president and the two vicepresidents to promulgate it and submit it to his majesty, the exalted king, and published in the official gazette in. Libyas constitution a major achievement and a gain for. 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. The countrys first constitution 1951 was federalist and a strong rivalry between the three regions continues to characterise the countrys political scene. Constitution of libya 1951 external link world intellectual property. It shall not be permissible to relinquish any part of its sovereignty nor its territory. The libyan political agreement that this dialogue produced rests on four main principles. The constitution was adopted on the 7th of october 1951. A brief summary of each section of the draft follows. The detroit jewish news digital archives september 28, 1951. The statement came as the icj released its new report the draft libyan constitution. Article 33 old constitution the constitution of 7 oct 1951, its amendments, and all related consequences are annulled. United nations general assembly passed a resolution on november 21,1949 deciding a constitution was necessary.
Download the arabic copy of the 1951constitution of the kingdom of libya. The libyan constitution of 1951 calls for a federal constitutional monarchy that grants much authority to the provinces. This guide to law online libya contains a selection of libyan legal, juridical, and governmental sources accessible through the internet. Both the english and arabic versions of the 1951 libyan constitution can fit into this small booklet, but it seems that the new constitution assembly will be forgoing this brevity. Download pdf pdf download image jpg download text txt. Pdf constitutionalism and political order in libya 20112014. This guide to law online libya contains a selection of libyan legal. The 1951 libyan constitution was brought into force on 7 october 1951, prior to libyas formal.
Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Libyan interim constitutional declaration wikipedia. The very constitution that the renegade junta repealed as soon as they seized power through a treacherous military coup detat, having labelled it due to ignorance or shear aggression the constitution of the monarchy. The enactment of the libyan constitution was significant in that it was the first and only piece of legislation that formally entrenched. Libya constitution of 1951 with the 1963 amendments.
To date, 114 states in all regions of the world have become parties to the 1951 convention andor to the 1967 protocol. While reestablishing the past constitutions executive monarchy is not a viable policy option, some politicians have argued that the rest of the constitution can remain and the monarchy be. The libyan monarchic constitution of 1951 may be best suited for this suffering nation. Protesters demanded an onair withdrawal of the constitution draft approval, but the members rejected. The constitution to be prepared by the national assembly should be enacted in a provisional form, would require final approval and ammendment, if. Click download or read online button to get social economic development of libya book now. Human rights watch urges the libyan government to replace. The case for a new federalism in libya the web site cannot be. Libyan people in full and to safeguard the independence, security and unity and territorial integrity of the motherland.
In the name of god, the merciful, the compassionate the interim transitional national council in view of our belief in the revolution of the7th day of february, 2011 ad corresponding to the 14th day of rabi alawwal, 1432 islamic calendar which has been led by the libyan people in different districts of their country and due to our faithfulness. Libyas constitution a major achievement and a gain for the. Article 2 1 this constitution is the supreme and fundamental law of liberia and its provisions shall have binding force and effect on all authorities and persons throughout the republic. Libyan article about libyan by the free dictionary. A case of planned decolonization narrates the process of decolonization, and offers the most detailed. Draft constitutional charter for the transitional stage. Jun 26, 2017 9 subject to article 8 of the present constitution, the conditions for acquiring libyan nationality shall be determined by a federal law which grants facilities to expatriates of libyan origin and their children and to citizens of arab countries and foreigners residing in libya who, at the entry into force of this constitution, held normal. Sep 20, 2015 1951 constitution senate chamber regionalgeographic representation 24 8,8,8 house population based 1 rep each 20,000 citizens thru out country 1963 amendments voided federalism. The head of state must either be a wellrespected person like the libyan crown prince or there should be a rotating chairmanship of a presidency council between the three historic. The constitution that led to our countrys independence on 24 th december 1951 i, and gave birth to the libyan state.
Members of the libyan tobrukbased house of representatives hor rejected monday the constitution drafting assembly cda calling for the formation of a committee of experts to amend the 1951 libyan constitution instead. Constitution of libya wikisource, the free online library. Libyas constitutiondrafting body starts work reuters. English translation of the current constitution plus background note. On 24 december, 1951, adrian pelt transferred his powers to king idris. In 1951, libya became a unified independent country within its current borders.
1197 1166 1094 1416 495 1509 128 204 695 1235 394 1276 1557 1463 482 955 1522 506 1137 959 980 219 633 140 628 1456 1260 823 844 492 491 904 502 93 286