CHAPTER TWELVE. General Provisions
Emergency Provisions and Martial Law.
Article 208. Declaration of the State of Emergency
The President, in consultation with the Prime Minister, the President of the House of Representatives, and the President the Senate, shall declare a state of emergency when the State faces a calamity, a siege, or a danger which threatens the safety of the State. The Shura Council shall gather during the three days following the declaration of the state of emergency in a special session, based upon the request of the President of the Republic or on its own, to ratify or cancel the state of emergency in accordance with the provisions of the Constitution. If the declaration of the state of emergency occurs when the Shura Council is in recess, they must call a session as soon as possible, not exceeding seven days from the announcement of the state of emergency. The Shura Council shall be in constant deliberation until the President of the Republic declares the cessation of their convening session.
The duration of the state of emergency must not exceed sixty days with the approval of the elected majority of Shura Council members. In all cases, the objective, region, and duration of the state of emergency must be defined in its declaration, in accordance with the law.
Article 209. Martial Law
The President of the Republic may, in the case of war or in the case of an imminent threat to national security, request the Shura Council declare a state of martial law. The Council shall approve the request with the absolute majority of its elected members in a period not to exceed three days, in which the President shall announce the state of emergency in the specified region.
The regions which shall be subjected to martial law must be specified; martial law may not be imposed on the entire country. Martial law shall be raised by a decision of the Shura Council, based upon the request of the President of the Republic. The law shall regulate the special provisions for this.
Article 210. Restrictions of the State of Emergency and Martial Law
- The law shall specify the reasons for declaring a state of emergency and martial law and their respective range, extent, and duration; the law shall specify the rights which may be constrained and the legal measures which may be taken. Considering Articles 38, 39, and 41, the President of the Republic may not impose restrictions on fundamental rights and liberties during a state of emergency or martial law, but to the necessary extent to preserve the public security and safety of the country.
2.
All decisions and actions during a state of emergency or martial law shall be subjected to the inspection of the judiciary.
3.
The military judiciary may not consider civil suits during a state of emergency or martial law.
4.
Elected councils may not be dissolved during a state of emergency or marital law.
5.
When the declaration of a state of emergency or martial law is at the end of a council session, any elected council shall extend its term until the end of the state of emergency or martial law.
6.
The State shall commit to respecting the principle of lawfulness and shall not obstruct State institutions during a state of emergency or martial law.
7.
The Constitution may not be amended nor its provisions obstructed during a state of emergency or martial law. In addition, elections may not be held, the election laws may not be amended, nor shall the established guarantees of the Shura Council be touched.
Article 211. Issuing Judicial Decisions
Judicial decisions shall be issued in the name of Allah, the Most Gracious, Most Merciful.
Article 212. Prohibition against Exercising Other Posts
Members of the Shura Council, the President of the Republic, the Prime Minister, Cabinet of Ministers, and members of local councils and constitutional bodies may not exercise any other public positions or pursue any other activity that provides financial returns. Any monetary gift or in kind received in person or through an intermediary relating to the position or its opportunities shall be property of the State public treasury.
Article 213. Prohibition against Assuming Some Posts
For those who assume a post managing the Civil Register, General Command of the Army, Intelligence Department, Governor of the Central Bank of Libya, and all who represent the State on diplomatic delegations, s/he shall be Libyan; not carry a foreign nationality; be naturalized for a period no less than ten years.
Article 214. Authorizations of Financial Disclosure
Members of the Shura Council, the President of the Republic, the Prime Minister, Cabinet Ministers, and members of local councils and constitutional bodies shall present a financial disclosure for themselves personally, along with their spouses and children that are minors, within the first month after taking the oath and undertaking the duties of their positions, as regulated by the law. Disclosures shall be kept with the Constitutional Court.
Article 215. Organic Unity of the Provisions of the Constitution
The Constitution, with its preamble and provisions, is one indivisible unit. Its provisions shall be interpreted and considered as a coherent organic unit.
Article 216. Amendment of the Constitution and its Procedures
- It is prohibited to amend the provisions of this Constitution before five years from its entry into force.
2.
It is prohibited to infringe upon the principle on which Article 8 of this Constitution is based nor those related to political pluralism, peaceful rotation of power, unity and safety of national territory, and guarantees related to rights and freedoms except for the purpose of enhancing them, nor the increase of the terms or duration of the Presidency of the Republic.
3.
The President of the Republic or one third of the House of Representative or one third of the Senate may request the amendment of an article or more of the Constitution provided that the request states the articles to be amended, the reasons, and the alternative proposals.
4.
The request for amendment shall be discussed by the chamber to which it is presented within a period that does not exceed 30 days from the date of submitting the request, and it shall be approved by the absolute majority of its elected members in accordance with the bylaws of each chamber. It shall then be referred to the other chamber for approval or rejection within the same period.
5.
In the event that the amendment is adopted, the President of the Republic shall submit it to the Constitutional Court to control that the procedures have been followed and that the request for amendment is valid within a period that does not exceed 15 days.
6.
When the Constitutional Court acknowledges the validity of the request for amendment, it shall be put to a referendum and approved by the absolute majority of voters.
7.
If the request is declined, it may not be submitted again during the same legislative term.
Article 217. A Special Provision
The State Flag and State anthem shall be subjected to a general referendum before the end of the second legislative cycle.
Article 218. Amendment of Legislation
Effective legislation shall be amended in accordance with the provisions of this Constitution.
Article 219. Institution Building
The legislative authority shall issue the necessary legislation to build the institutions specified in this Constitution in the first election cycle. The authorities and public institutions shall continue exercising their duties until established authorities assume leadership, according to the provisions in this Constitution.
Article 220. Implementation of the Constitution
This Constitution shall enter into force after the people adopt it in a referendum and it is circulated in the official newspaper. All previous constitutional documents and declarations shall be nullified.
(Draft of 2 Mar 2016)
