CHAPTER ONE. Form and Fundamental Pillars of the State
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. Identity
The Libyan Republic is a part of the Arab and Muslim World, Africa, and the Mediterranean Basin, it is based on inclusive and diverse principles, and cherishes all parts its social, cultural, and linguistic elements.
Article 3. Capital
The political Capital of the Libyan Republic is Tripoli; the economic Capital is Benghazi; and the tourist and cultural Capital is Sabha.
Article 4. 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 5. 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 6. The National Anthem
The National Anthem shall be the independence anthem (“Ya Beladi” or “Oh My Country”) and a law shall regulate this.
Article 7. The State Emblem
The State Emblem, medals, and insignia, and its official holidays shall be determined by law.
Article 8. Source of Legislation
Islam shall be the religion of the State, and Islamic Shariya 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 9. 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 10. 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 11. Defending the State
Every citizen, male and female, shall defend the State, its unity, and its independence.
Article 12. 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, and every person born to a Libyan father shall be Libyan.
- Every person who acquired Libyan citizenship by law shall be Libyan.
- Libyan nationality may be combined with another nationality.
Article 13. Acquiring Nationality
The regulatory law shall take into account national interest, demographics, and the ease of integration into Libyan society when granting citizenship. This shall be done according to the following:
- The law shall define preferential stipulations for children of Libyan women.
- Legal entry and uninterrupted residence for a period no less than 15 years shall be among the necessary conditions to grant citizenship.
- The law shall regulate special conditions to grant citizenship to a foreigner married to a Libyan, and to those who possess rare and distinguished expertise.
Article 14. Revoking and Withdrawing Nationality
Libyan nationality shall not be revoked for any reason. It is permissible to withdraw it from whoever acquired it within ten years following its acquisition. The law shall explain cases of withdrawal and its effects.
Article 15. International Relations
Relations of the State shall be based on the principle of good neighborliness, noninterference in the internal affairs of other states, common interests, and resolution of disputes by peaceful means.
Article 16. Foreign Policy
Foreign policy shall be based on the principle of independence and sovereignty of the state, ensuring its national interests, developing cordial relations with other states, and cooperating with regional and international organizations within the framework of international law.
Article 17. International Treaties and Conventions
The international treaties and conventions that the State ratifies shall be superior to the law and inferior to the Constitution. The State shall adopt the necessary measures to enforce them in a manner that does not conflict with the provisions of this Constitution.
Article 18. Political Asylum
The State shall guarantee political asylum. Political refugees may not be extradited, unless to international judiciary. The conditions and circumstances shall be regulated by law.
Article 19. Foundations of the Economy
The State shall work to create a diverse economy that achieves welfare and prosperity, raises the standard of living, and is based on the standards of transparency, quality, accountability, balance between economic efficiency and social justice, competitiveness, and protecting the rights of consumers and producers. The State shall support and stimulate the private sector.
Article 20. Investment
The State shall work to promote private, public, and joint investment to meet the needs of society and to achieve comprehensive development.
Article 21. Equal Opportunities
Equal opportunities are a right for all citizens. The State shall adopt the necessary measures to achieve this.
Article 22. Assuming Public Posts
Public posts shall be open to all Libyans based on the criteria of merit and eligibility. The law shall determine the salaries of employees based on the standards of efficiency, responsibility, hierarchy, and needs of decent life.
Article 23. Environment
The State, all persons residing in it, and persons crossing its territory shall protect the environment. The State shall adopt the necessary measures to develop and maintain its elements against pollution, to preserve natural biodiversity, and to exploit natural resources in a balanced and safe manner. The State ensures that damages inflicted by responsible officials shall be recompensed, and lawsuits on the wellbeing of the environment are a general right without judicial decrees. No statutory limitation shall apply to related crimes.
Article 24. Agriculture, Industry, and Tourism
Agriculture, industry, and tourism shall be considered among the key pillars of the national economy. The State shall pass legislation and adopt the necessary measures to support, promote, develop, and protect them.
Article 25. Public Funds
Public funds shall be preserved and may not be sequestered. The State shall protect, develop, and safeguard public funds. Encroaching on public funds or disposing of them in contravention of the provisions of the Constitution and the law shall be prohibited. The State shall guarantee the recovery of public funds and shall seek compensation for destroying or harming these funds. No statutory limitation shall apply to crimes involving public funds. These crimes shall not be pardonable.
Article 26. Management of Public Utilities
Public utilities shall be established and managed in accordance with the standards of good governance and respect for human rights. It shall be a guaranteed right of beneficiaries to receive services regularly and equally, to have their affairs dealt with equitably, and to submit appeals and complaints to which they receive a reply.
Management of public utilities shall be committed to justifying their decisions, simplifying their procedures, and periodically evaluating their performance in accordance with what the law determines.
Article 27. Social Justice and Development
The State shall develop cities and villages on the basis of the demands of social justice, sustainable and balanced development and its indicators, and the prudent exploitation of wealth. They shall also guarantee the fair and balanced distribution of projects, interests, public companies, and services between cities guaranteeing distribution of work opportunities and encouraging investment and appropriate activities therein. This is also to ensure the removal of the developmental imbalance.
Article 28. Combating Corruption
The State shall adopt the necessary measures to combat administrative and financial corruption. Any person who is sentenced a misdemeanor or felony for corruption shall be prohibited from assuming posts in the cases that are defined by the law.
Article 29. Taxes
To impose, exempt, or amend a tax shall only be done by a law. When imposing it, the interest of society and the achievement of social justice shall be taken into consideration.
Article 30. Charity (Zakat)
The State shall ensure the collection and disbursement of Zakat in its legitimate banks. It may not be mixed with public revenues.
Article 31. Religious Endowments (Awqaf)
- The religious endowments (awqaf) shall enjoy its sanctity and shall not be mixed with State funds. It may not be disposed of except with the permission of the responsible court and in a manner that achieves the interest of the endowment and within the bounds of what Islamic Sharia allows.
- A special body to administer, manage, and oversee the endowments shall be established by law to guarantee its development and the achievement of its goals and legitimate purposes within the limits of the law.
Article 32. National Languages and the Official Language
The languages spoken by a part of the Libyan people shall be considered national languages, a part of its cultural and linguistic heritage, and a common asset for all Libyans. Arabic shall be the official language of the State.
Article 33. Family
The family based on legal marriage between a man and a woman shall be the basis of society. It is founded on religion, ethics, complementary roles between its members, affection, and mercy. The State shall ensure its protection, sponsor and encourage marriage, protect motherhood and childhood, and seek to reconcile the obligations of the woman and her work.
Article 34. Children and Youth
The State shall create the appropriate environment to develop children and youth, provide ways to increase their capacities, and support their effective role in national life. The State shall open up opportunities for them to work, participate in development, and benefit from various sciences and human cultures that enables them to participate in political, social, and economic life with a spirit of citizenship and responsibility.
Article 35. Protecting Antiquities and Manuscripts
- The State shall be committed to protecting, preserving, restoring, and excavating antiquities, cities, and historical regions. Abusing, trafficking, or presenting them as gifts shall be prohibited. The State shall do what is necessary to recover any antiquities that have been seized. No statutory limitation shall apply to crimes involving antiquities.
- The State shall ensure the protection of historical manuscripts, documents, and coins and it shall work to maintain and preserve them. They may not be encroached upon or tampered with. No statutory limitation shall apply to crimes involving them.
- In the event that a private property is considered to be of historic nature, the relationship between the relevant owners and the State shall be subject to a special law that ensures the owners’ legal rights.
Article 36. Housing
The State shall be committed to developing national policies and plans that provide adequate housing and shall take Libyan privacy into consideration to achieve balance between growth rates, the proper distribution of the population, and available resources. The State shall put policies into place that carefully regard families with few resources, promote the private sector, support individual enterprise, and regulate the use of State land for purposes of construction to achieve the general good.
Article 37. Sports
Practicing a sport as a hobby or a profession shall be a right for every individual. The State shall adopt the necessary measures to support, advance, encourage investment, and provide the proper sports facilities for the regions according to their needs. It shall ensure the independence of sports bodies and settle disputes between them in accordance with international standards.
