Libya - Constitution
{ Adopted on: 11 Dec 1969 }
{ ICL Document Status: 1992 }
Preamble
The Revolutionary Command Council, in the name of
the Arab people in Libya, who pledged to restore their freedom, enjoy the
wealth of their land, live in a society in which every loyal citizen has
the right to prosperity and well-being, who are determined to break the
restraints which impede their growth and their development, who will stand
with their brothers from all parts of the Arab Nation in the struggle for
the restoration of every inch of Arab land desecrated by imperialism and
for the elimination of all obstacles which prevent Arab unity from the Gulf
to the Ocean.
In the name of the Libyan people who believe that peace cannot be achieved
without conscious of the importance of strengthening the ties which unite
them with all the people of the world who are struggling against
imperialism; who understand fully that the alliance of reaction and
imperialism is responsible for their underdevelopment despite the
abundance of their natural resources, and for the corruption which spread
through the governmental apparatus; who are conscious of their
responsibility in the establishment of a national, democratic, progressive,
and unitary government.
In the name of the popular will, expressed on September 1 by the Armed
Forces who overthrew the monarchical regime and proclaimed the Libyan Arab
Republic in order to protect and strengthen the Revolution until it attains
its objectives of freedom, socialism, and unity. The present Constitutional
Proclamation is made to provide a basis for the organization of the state
during the phase of completion of the national and democratic revolution,
until a permanent constitution is prepared, defining the objectives of the
Revolution and outlining the future course.
Chapter I The State
Article 1 [Principles]
Libya is an Arab, democratic, and free republic in which sovereignty is
vested in the people. The Libyan people are part of the Arab nation. Their
goal is total Arab unity. The Libyan territory is a part of Africa. The
name of the country is the Libyan Arab Republic.
Article 2 [State Religion, Language]
Islam is the religion of the State and Arabic is its official Language. The
state protects religious freedom in accordance with established customs.
Article 3 [Solidarity, Family]
Social solidarity constitutes the foundation of national unity. The family,
based on religion, morality, and patriotism, is the foundation of society.
Article 4 [Work]
Work in the Libyan Arab Republic is a right, a duty, and an honor for eery
able-bodied citizen. Public functions are the duty of those who are put in
charge of them. The goal of the state employees in discharging their
duties is to serve the people.
Article 5 [Equality]
All citizens are equal before the law.
Article 6 [Socialism]
The aim of the state is the realization of socialism through the
application of social justice which forbids any form of exploitation. The
state endeavors, through the edification of a socialist community, to
achieve self-sufficiency in production and equity in distribution. Its aim
is to eliminate peacefully the disparities between social classes and to
attain a society of prosperity. Its inspiration is its Arabic and Islamic
heritage, humanitarian values and the specific conditions of the Libyan
society.
Article 7 [Economy]
The state will endeavor to liberate the national economy from dependence
and foreign influence, and to turn it into a productive national economy,
based on public ownership by the Libyan people and on private ownership by
individual citizens.
Article 8 [Property]
Public ownership is the basis of the development of society, of its growth
and of self-sufficiency in production. Private ownership, if it is
non-exploitative, is protected. Expropriation will take place only in
accordance with the law. Inheritance is a right which will be governed by
the Islamic Shari'a.
Article 9 [Planning]
The state will institute a system of national planning covering economic,
social, and cultural aspects. Cooperation between the private and public
sectors will be necessary for the achievement of the goals of economic
development.
Article 10 [No Titles]
The creation of honorary titles and civilian ranks is prohibited. All
titles granted to the members of the former dynasty and to followers are
abolished.
Article 11 [Asylum]
The extradition of political refugees is prohibited.
Article 12 [Home]
The home is inviolable and shall not be entered or searched except under
the circumstances and conditions defined by the law.
Article 13 [Expression]
Freedom of Opinion is guaranteed within the limits of public interest and
the principles of the Revolution.
Article 14 [Education]
Education is a right and a duty for all Libyans. It is compulsory until
the end of the primary school. The State guarantees this right through the
establishment of schools, institutes, and universities, and of pedagogical
and cultural institutions in which education is free. The creation of
private schools will also be regulated by law. The State is particularly
anxious to enhance the physical, intellectual, and moral development of the
youth.
Article 15 [Health]
Health care is a right guaranteed by the State through the creation of
hospitals and health establishments in accordance with the law.
Article 16 [Defense]
Defense of the homeland is a sacred duty. Military service is an honor for
the Libyan people.
Article 17 [Taxation]
No tax will be imposed, modified, or cancelled and no one will be exempted
from paying taxes except in accordance with the law.
Chapter II System of Government
Article 18 [Revolutionary Command Council]
The Revolutionary Command Council constitutes the supreme authority in the
Libyan Arab Republic. It will exercise the powers attached to national
sovereignty, promulgate the people the general policy of the State, and
make all decisions it deems necessary for the protection of the Revolution
and the regime.
Article 19 [President, Council of Ministers]
(1) The Revolutionary Command Council appoints the President and the
Council of Ministers. It may appoint deputies for the Prime Minister and
Ministers without portfolio. It may discharge the Premier and Ministers and
accept their resignation. But the resignation of the Premier carries with
it the resignation of all Ministers.
(2) The Council of Ministers insures the execution of the general policy
of the State in accordance with the decisions of the Revolutionary Command
Council.
(3) The Council of Ministers is collectively responsible before the
Revolutionary Command Council. Each Minister is responsible for his
department before the Prime Minister.
Article 20 [Promulgation]
The Council of Ministers shall study and prepare all projects of law within
the framework of the general policy outlined by the Revolutionary Command
Council. It will then forward the proposed texts to the Revolutionary
Command Council for consideration and promulgation.
Article 21 [Budget]
Matters relative to the general budget of the State are instituted by law
and those concerning the final accounts are subject to ratification by the
Revolutionary Command Council.
Article 22 [Joint Meetings]
The Revolutionary Command Council may, at the request of its President or
two of its members, hold a joint meeting with the Council of Ministers.
Article 23 [War]
The Revolutionary Command Council shall declare war, conclude and ratify
treaties and agreements, unless it authorizes the Council of Ministers to
do so.
Article 24 [Martial Law]
The Revolutionary Command Council shall make decisions concerning martial
law or the state of emergency whenever there is a threat to the internal
or external security of the State and whenever the Revolutionary Command
Council deems it necessary for the protection and defense of the
Revolution.
Article 25 [Emergency]
The Revolutionary Command Council shall make decisions concerning martial
law or the state of emergency whenever there is a threat to the internal or
external security of the State and whenever the Revolutionary Command
Council deems it necessary for the protection and defense of the
Revolution.
Article 26 [Armed Forces]
The State alone is empowered to establish the Armed Forces who shall
protect the people and insure the security of the country, its republican
system, and national unity.
Article 27 [Judiciary]
The aim of judicial decisions shall be the protection of the principles of
the community and the rights, dignity, and freedom of individuals.
Article 28 [Judges]
Judges shall be independent. In the exercise of their functions, they shall
be free from any authority except that of the law and their conscience.
Article 29 [Verdicts]
Verdicts are pronounced and executed in the name of the people.
Article 30 [Recourse]
Everyone has the right to resort to the Courts in accordance with the law.
Article 31 [Criminal Justice]
(a) Crime and penalty are only determined by law.
(b) The penalty is personal.
(c) The defendant shall be presumed innocent until
proven guilty. All of his defense shall be provided. The accused or
imprisoned shall not be subjected to mental or physical harm.
Chapter III Miscellaneous and Transitory Provisions
Article 33 [Old Constitution]
The Constitution of 7 Oct 1951, its amendments, and all related
consequences are annulled.
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. References to the King and Parliament in these laws shall
be regarded as references to the Revolutionary Command Council and
reference to the kingdom shall be regarded as reference to the Republic.
Article 35 [New Laws]
Decisions, statements, and orders issued by the Revolutionary Command
Council since Sep 1969 and before the issue of this constitutional
proclamation shall have the power of law and supersede all contrary
provisions. They can be annulled or amended only in accordance with the
procedure defined in the present constitutional proclamation.
Article 36 [Promulgation]
New laws shall be published in the Official Journal and they shall be in
effect at the date of publication unless it is otherwise stated.
Article 37 [Permanent Constitution]
(1) The present constitutional proclamation shall be in effect until a
permanent constitution is issued. It will be amended by the Revolutionary
Command Council only in case of necessity and in the interest of the
Revolution.
(2) This Proclamation is to be published in the Official Journal.
� 1994 - 4 July 2000 / For corrections please contact A. Tschentscher.
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