Article 1 Name and Form of the State
Libya is a free, independent, and indivisible state. It shall not relinquish any part of its sovereignty nor its territory. It shall henceforth be called the Libyan Republic.
Article 2 The Capital
Article 3 The Borders of the State
The borders of the Libyan Republic are:
North: The Mediterranean Sea. South: Sudan, Chad, and Niger. East: Egypt and Sudan. West: Tunisia and Algeria.
Article 4 The State Flag
The shape and dimensions of the State flag will be as follows: its length shall double that of its width and shall be divided into three parallel colors, the top of which is red, followed by black, followed by green. The area of the black color shall equal the total area of the two other colors, which are equal in area. In the center of the flag shall be a white crescent and between its two ends shall be a white, five-pointed star. Its provisions shall be regulated by law.
Article 5 The National Anthem
The National Anthem shall be the independence anthem (“Ya Beladi” or “Oh My Country”) and a law shall regulate this.
Article 6 The State Emblem
The State Emblem, medals, and insignia, and its official holidays shall be determined by law.
Article 7 Source of Legislation
Islam shall be the religion of the state and Islamic Sharia shall be the source of legislation in accordance with the recognized doctrines and interpretations without being bound to a particular jurisprudential opinion on discretionary matters. The provisions of the constitution shall be interpreted and bound in accordance with this.
Article 8 Citizenship
Male and female citizens shall be equal in and before the law. There shall be no discrimination between them by way of diminishing, restricting, or depriving [of rights] in accordance with the provisions of this constitution.
Article 9 Political System
The political system shall be based on the principles of political pluralism, peaceful rotation of power, separation of powers, and balance and integration of powers on the basis of good governance predicated on transparency, oversight, and accountability.
Article 10 Defending the State
Every citizen, male and female, shall defend the state, its unity, and its independence.
Article 11 Nationality
- Every person who acquired Libyan citizenship in accordance with the provisions of the Libyan Constitution issued on 7 October 1951 and the laws passed thereunder shall be Libyan.
- Every person born to a Libyan father shall be Libyan.
- Every person who acquired Libyan citizenship afterward under the applicable law shall be Libyan.
- Libyan nationality may be combined with another nationality; however, a Libyan who carries another nationality or who is naturalized may not assume the following posts:
a. President of the Republic.
b. Membership of the legislative and judicial authorities.
c. Prime Minister, ministers, and deputy ministers.
d. Governor of the Libyan Central Bank and his deputy.
e. Representatives of diplomatic and consular missions.
f. Command of the General and Qualitative staff of the army.
g. Administration of the Military Intelligence Service, Intelligence Service, General Investigations, Passports, Customs, and Public Security.
h. Administration of independent constitutional bodies.
i. Administration of the Civil Register.
j. Any other job stipulated by law in accordance with the considerations of the higher interest of the state.
Article 12 Revoking and Withdrawing Nationality
Libyan nationality shall not be revoked for any reason. It is permissible to withdraw it from those who have acquired it within the 20 years following its acquisition. The law shall explain cases of withdrawal and its effects.
Article 13 Acquiring Nationality
- The regulatory law granting nationality must take into consideration national interest, maintaining the demographic structure, and the ease of integration into Libyan society.
- One of the conditions for granting nationality shall be legal entry and uninterrupted legal residence for a period no less than 20 years.
- Priority in granting nationality shall be given to the children of Libyan women, the foreigner who is married to a Libyan woman, the foreigner who is married to a Libyan man, and those who have rare and special expertise. This shall be regulated by law.
Article (14)International relations
Article (15)Foreign Policy
Article (16)International treaties and conventions
Article (17)Political Asylum
political refugees. Conditions and situations of political asylum are
organized by a law.
Article (18)Cornerstones of the economy
Article (20)Equality of Opportunities
Article (22)Agriculture, Industry and Tourism
Agriculture, industry and tourism are basic pillars of the national economy.The State works on enacting legislation and taking the necessary measuresfor their support, encouragement, development and protection.
Article (23)Public Money
Public money is inviolable and may not be seized. The State has to protect itand ensure its development and preservation. It is prohibited to touch it ordeal with it in contravention of provisions of the Constitution and the law.The State guarantees its recovery and claim of its compensation whendestructed or damaged. Crimes related thereto may not be subject to thestatute of limitations and may not be amnestied.
Article (24)Management of public facilities
The public facilities are managed according to the standards of goodgovernance and respect for human rights. They guarantee the right ofbeneficiaries to receive services on a regular, sustained and equitable basisand to impartially deal with their affairs and receive their petitions andclaims and to respond to them, and they are committed to explain thereasons of their resolutions, to streamline their procedures and to makeperiodic evaluations of their performance as defined in law.
Article (25)Social Justice and Development
The authorities of the State ensure the rehabilitation of villages and citieson basis of social justice and sustainable and balanced development with itsindicators beside the rational exploitation of wealth. They also ensure fairdistribution of services and balanced development projects, in accordancewith the available resources, and take the necessary steps to encourageinvestment and activities where appropriate.
Article (26)Fight against corruption
The State shall take the necessary measures to combat corruption in publicand private sectors. The State ensures the protection of the public servicesand the public and private money. It is prohibited for anyone who getssentenced for a corruption misdemeanor or felony to occupy posts in casesspecified by law.
Taxation, tax exemption and modification are exclusively made by law. When levying taxes, the interest of the society and the achievement ofsocial justice must be taken into account.
Zakat is a right and an obligation. The State ensures its collecting andspending in its religious uses, and may not be confused with public revenue.
1- Endowments are inviolable and cannot be mixed with State’s money. It isprohibited to manage them but with an authorization from the competentcourt within the endowment’s interest and according to Islamic Shariya.
2- special body shall be created to administer endowments and managetheir affairs and to ensure their control and development in order to attaintheir objectives and legal aims within limits of law.
Article (30)National languages and official language
Languages spoken by a party of Libyan people are considered as nationallanguages and a part of its cultural and linguistic heritage and a commoncapital for all Libyan people. Arabic language is the official State’s language.
A family based on legal marriage between a man and a woman is the basis ofthe society. its fundament is religion and moral and complementaritybetween its members. It is based on cordiality and mercy. State ensuresprotection of family and takes care of marriage and encourages it withprotection of motherhood and childhood. State works on reconcilingwoman’s duties and her work.
Article (32)Children and youth
State takes care of children and youth and grants means to promote theircapacities and their active participation in national life and theircontribution to development. It encourages their opening on different fields of science and their profit from human cultures beside their empowermentto participate in political, social and economic life with a spirit ofcitizenship and liability.
Article (33)monuments and manuscripts
1- State engages to protect monuments and historic cities and regions and totake care of them, to rehabilitate them and explore them. It is prohibited toassault them or to trade in them or present them as gifts. State takesnecessary measures to recover misappropriated monuments andmanuscripts. Crimes against them cannot be subject to the statute oflimitation.
2- State is engaged to preserve manuscripts, documents and historic coins. Itis prohibited to assault them and crimes related thereto cannot be subjectto the statute of limitation.
3- In case a private property is considered as a monument, the relationbetween the owners and the State is governed by a special law that ensurestheir legal rights.
1- State engages to establish policies and national plans to offer descenthousing taking into account Libyan specificities, so as to ensure balancebetween development rates and necessities of adequate distribution ofpopulation and available resources. State takes into account low incomefamilies when establishing policies and encourages private sector andsupports individual initiatives. It organizes the use of State’s land forpurposes of urbanism so to achieve public interest.
To practice sport, as passion or profession, is a right for each person. Statetakes necessary measures to support and promote sport through buildingadequate sport facilities that fit specific needs of different areas. It ensuresthe autonomy of sport bodies, settles disputes between them according tointernational standards.
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