CHAPTER ELEVEN. Transitional Measures
Article 197. Transitional Justice Measures
The State shall be committed to adopting the following measures:
- To uncover and document human rights violations, crimes of corruption, the fate of missing persons, victims, and persons harmed by war violations and operations and armed conflicts on the individual and regional level.
- To compensate victims and harmed persons proportionate to the harm. Compensation may be financial or symbolic and may be individual or collective. The State shall be committed to treating the psychological and social effects and rehabilitating victims, while taking into consideration the administrative and judicial measures that have already been taken, without prejudicing the right of the State to prosecute persons who committed these violations.
- To ensure the rights of persons whose property and movable assets were violated or seized provided that the State shall ensure the rights of the original owner by restitution or compensation and take into consideration the financial status of the occupant of the property and the construction added to it, and previous administrative and judicial measures in accordance with what the law regulates.
- To return the remains of war victims from abroad.
- To criminally prosecute all those who had a role in human rights violations and corruption crimes provided that all of this is done in accordance with international standards and within the framework of the Islamic Shariya. No legal provision that conflicts with the mechanisms of transitional justice may be applied.
Article 198. Guarantees of Non-Repetition
The State shall be committed to adopting the following measures:
- To examine public establishments for their structural reform and to clear them from those who had a hand in human rights violations and corruption crimes, and to review the entitlements of ranks, grades, and positions in them in accordance with the law. Any public institution found to be in violation of the Constitution must be dissolved.
- To disarm and dismantle all armed organizations and provide psychological and professional rehabilitation for their personnel.
- To uncover the truth of mass disputes and showing and addressing the root causes to achieve national reconciliation.
Article 199. Reconstruction
The State shall give priority to its projects for the renovation of cities and villages ravaged by military operations and armed conflicts, in accordance with the urgency of the obligations, taking into account the demands of development across the country. The State shall enact the necessary mechanisms for this.
Article 200. Recovery of Public Funds
The State shall commit to taking the necessary measures to pursue and recover public funds, including properties and public forests, which were conducted in violations of effective legislation, in addition to the confiscation of funds derived from corruption crimes through direct or indirect means, and the retention of internal and external investments.
Article 201. The Recovery of Endowment Funds
The State shall commit to taking the necessary measures to pursue and recover endowment funds and to re-evaluate their exploitation and investment, as to insure the actualization of the purposes of the endowment.
Article 202. Transitional Measure to Elect the First President of the Republic
The first president of the republic shall be elected after the implementation of the Constitution and before the election of the legislative authority according to the following:
- For the purpose of the first presidential election alone, divide the country into four constituencies for each electoral district of the three regions.
- The President of the Republic is considered the candidate who received the absolute majority of the number of votes cast when distributed geographically across two-thirds of the electoral districts, then half of the districts, according to the percentage of representation in the constituencies that the law determined.
- If no candidate met the conditions mentioned in the previous paragraph, the two candidates who obtained the most geographic representation among the electoral districts and received the minimum of total votes according to what the law stipulates for the second round shall move forward. The winner shall be the candidate who received the absolute majority of the votes cast
Article 203. Prohibition of a Provisional Extension of the term of the President of the Republic
The term for the President of the Republic shall be for the first two election cycles; the first and second are one term. Renewal shall be unacceptable.
Article 204. As for Political Parties
All political parties shall be dissolved and procedures for their establishment shall be suspended for a period of four years, during which a law shall be passed according to which they shall be re-formed.
Article 205. Special Provision for Women
Any electoral system shall guarantee a quota for women of no less than twenty-five percent of the total seats in elected councils for a period of three consecutive electoral cycles.
Article 206. As for Nationality
- Procedures of naturalization shall be suspended for 10 years from the day when the Constitution goes into effect.
2.
The State shall be committed to deciding on applications of naturalization submitted before 17 February 2011 according to the effectual law before this Constitution. The State shall also be committed to classifying the status of Arab nationality holders between those who have original and acquired citizenship.
3.
With the implementation of this Constitution, the records system binding those of Libyan decent in Libyan embassies in neighboring countries shall stop working.
4.
All decisions granting nationality issued as of 15 February 2011 in violation of the provisions of the Nationality Law, which was in force at the time of issuing them, shall be annulled.
Article 207. As for Investment
The State’s responsible parties shall review investment contracts, which provide evidence of fiscal or administrative corruption, and shall review investment contacts that were ratified during the period between 1980 and the implementation of this Constitution. They shall take the necessary procedures without reliance upon the effects of prescription.
