Constitutional Declaration

On August 3, 2011, the Interim National Transitional Council (NTC) adopted the constitutional declaration in response to the February Revolution, which overthrew Muammar Gaddafi after over four decades of authoritarian rule. The declaration is a temporary document that aims to develop a legal framework governing the three branches of government: legislative, executive, and judicial, and outlines a roadmap for managing the transitional period and drafting a permanent constitution to guide Libya’s future governance.

Relevant to children specifically is Article 5, which states:

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.

Relevant to human rights more broadly is Article 7, which states:

Human rights and basic freedoms shall be respected by the State. The State shall commit itself to joining international and regional declarations and charters which protect such rights and freedoms. The State shall endeavour to promulgate new charters which shall honour the human being as God’s creation on Earth.

During the transitional period, the declaration was subject to several amendments that, most notably, restructured the legislative and executive powers, such as the replacement of the NTC with the General National Congress in 2012 followed by the parliament in 2014. These amendments occurred in the context of a deep division between eastern and western Libya and the escalation of the armed conflict which further complicated the political landscape. Additionally, it extended the transitional timeframe without achieving stability, which led to the erosion of the judicial bodies and the decline of basic rights and freedoms in the context of the conflict.

Constitutional Amendments:

• Constitutional Amendment No. (1): AR – EN
• Constitutional Amendment No. (2): AR – EN
• Constitutional Amendment No. (3): AR – EN
• Constitutional Amendment No. (4): AR – EN
• Constitutional Amendment No. (5): AR – EN
• Constitutional Amendment No. (6): AR – EN
• Constitutional Amendment No. (7): AR – EN
  • On November 6, 2014, the Supreme Court declared Article 30, Paragraph 11, of the Constitutional Declaration as amended by Constitutional Amendment No. 7, unconstitutional. The article stipulated: “The February Committee’s proposal, to the effect that the House of Representatives shall elect a temporary speaker through direct or indirect vote within no more than 45 days from convening its first session, shall be adopted,” along with all its consequential effects. (AR – EN)
• Constitutional Amendment No. (8): AR – EN
• Constitutional Amendment No. (9) – Repealed: AR
• Constitutional Amendment No. (10): AR
• Constitutional Amendment No. (11): AR
• Constitutional Amendment No. (12): AR
• Constitutional Amendment No. (13): AR