Chapter Eleven: The Transitional Measures

Article (190)Measures of Transitional Justice

The State engages to take the following measures :

1- To uncover and document the reality of human rights violations and crimes of corruption and to state the destiny of missing persons and victims and affected people because of violations and military operations and armed conflicts on levels of persons and areas.

2. The State engages to indemnify victims and affected, in an a way that is commensurate with the damage. Indemnifications consist of material and symbolic and of individual and collective. They equally include care of psychological and social effects    of victims, beside their rehabilitation, taking into account the already achieved administrative and judicial measures, without prejudice to the State’s right to follow up the author of violations.

3. To ensure rights of people having their real estate and movable properties spoilt taking into consideration ensuring, by the State, the rights of initial owner by returning or compensating and the financial capacity of the real estate  and  annexed  buildings  beside  taking  into  account  the  already achieved administrative and judicial measures.

4- Repatriation of remains of wars victims from abroad and uncovering places of those buried inside the country.

5- criminal prosecution of all implicated in human rights violations and corruption crimes in compliance with international standards and within Islamic Shariya. No legal text which is inconsistent with transitional justice mechanisms should apply.

Article (191) Guarantees of non-repetition

The State engages to take the following measures :

1- To examine public institutions for their structural reform and to clear them from authors of human rights violations and corruption crimes and from unqualified, and review of the merit of ranks and positions in compliance with law, with obligation to cancel anything which is inconsistent with the Constitution.

2- Disarmament and the dismantling of all armed groups and psychological and professional rehabilitation of their members.

3- To uncover the reality of collective conflicts, state their causes and deeply address them to achieve national reconciliation.

Article (192) Reconstruction

The State has the obligation to give priority in its programs for the reconstruction of the cities and villages affected by the hostilities and armed conflicts according to urgency requirements, taking into account the needs of development in different parts of the country. The State should set necessary mechanisms for that.

Article (193) Recovery of public funds

The State shall commit itself to take necessary measures to trace, uncover and get back public funds, including State-owned property, grants, donations and all transactions related to transferring ownership of State-owned property in violation of legislation, reclaiming them or reclaiming their value; and expropriating money resulting directly or indirectly from crimes of corruption; and drawing an inventory of State investments in and outside the country.

Article (194)Retrieve the endowment money

The State shall commit itself to take necessary measures to trace, uncover and get back religious endowments money and to reevaluate the way this money is used in   order to exploit them to achieve the objectives of religious endowments.

Article (195)Transitional measure to elect the first President of the Republic

The President of the Republic is elected prior to the election of the legislative authority after entry into force of the Constitution as follows:

1.  A candidate gets a representation in an Electoral Constituency if he gets, at least, five per cent (5 %)  of the number of valid votes.

2.  Is considered a winner of the position of the President of the Republic the one who gets representation in two-thirds of the constituencies, at least, and obtains more than fifty per cent (50 %) of the valid votes on the level of the country.

3.   If no candidate obtains the rate stated in the previous paragraph, it will be proceeded to sorting of candidates obtaining the ratio of not less than ten per cent (10%) of the valid votes on the level of the country, and they will be sorted out in representation in two-thirds of the constituencies, then the half and then the third. In the case of equality of representation, differentiation will be in the number of constituencies in one level according to the number of votes obtained at the level of the country, in order to select two candidates for the second round.

4.  If no candidate obtains the rate stated in the previous paragraph, it will be proceeded to sorting of the two candidates obtaining the ratio of not less than five per cent (5%) of the valid votes on the level of the  country,  applying  the  same  criteria  for  differentiation  with respect to the representation in the constituencies and the number of valid votes on the level of the country, and in the absence of criteria mentioned in this paragraph in any of the candidates the presidential elections are resumed.

5.  The second round is conducted on the basis of the results of the vote count in accordance with the provisions of the two previous paragraphs, the President of the Republic is the candidate who obtained the largest number of valid votes.

6.  The country is divided, for the first presidential elections only, to twelve constituencies, four departments for each of the three historic governorates.

The legislature is committed to issuing the law on election of the President in the first session and at it gets enforced for next presidential elections following the election of the first President of the Republic.

Article (196)Prohibition of provisional extension of the term of the President of the Republic

The mandate of the President of the Republic, is one non-renewable term,in two elections.

Article (197)As for political parties

All political parties are dissolved and processes of authorizing them are suspended for a period of four years from the date of entry into force of present Constitution, during which period a law is to be promulgated to resume the constitution of parties.

Article (198)As for nationality

1- Naturalization processes are suspended for a period of ten years from the date of entry into force of present Constitution.

2- The State engages to decide on returnees’ nationality application submitted before 02/17/2011. It also engages to settle the status of Arab nationality holders following laws in force before the law regulating it. All is in five years from date of entry into force of the law governing the nationality on basis of this Constitution.

3- All decisions granting the nationality as from 02/15/2011, in violation of the Nationality Law that was in power when these decisions were taken.

Article (199)As for investment

The competent authorities in the State should audit investment contracts that are suspected of being financially or administratively corrupted, and that were concluded during the period from 1980 to the entry into force of this Constitution, and to take the necessary action without consideration of the statute of limitation.

 

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